Case Summary
The petitioners, Patric Martin and Maria Dana Dhanavathy, are seeking the appointment of a survey commissioner to assess their property due to ongoing execution proceedings led by the decree holder, Daniel Joseph. The judgment debtors have faced multiple execution applications concerning their land over the past years.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Execution Application
Final Judgment
No
The court dismissed the application filed by the judgment debtors seeking a survey commissioner, as the decree holder's title was already confirmed and execution proceedings were valid. The petition was found to be another attempt to delay the ongoing case that has persisted for 25 years.
Key Reasoning:
The execution court upheld the established decree and found that appointing a new commissioner was unnecessary since the property was already accurately identified and demarcated.
The execution court upheld the established decree and found that appointing a new commissioner was unnecessary since the property was already accurately identified and demarcated.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The very case of the plaintiff/decree holder is that, there is encroachment, and this was already identified as S&T by mentioning blue color mark.
Judgment Evidence:
In the result, the petition is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Patric Martin
- Party Age
- 93
- Relation
- H
- Party Role
- Plaintiff
- Party Name
- Maria Dana Dhanavathy
- Party Age
- 76
- Relation
- W/o.Patrick Martin
- Party Role
- Defendant
- Party Name
- Daniel Joseph
- Party Age
- 74
- Party Role
- Defendant
- Party Name
- Joseph D Fernandez
- Party Role
- Defendant
- Party Name
- Nancily Thankachan
- Party Age
- 75
- Party Role
- Defendant
- Party Name
- Annie
- Party Age
- 52
- Relation
- W/o.Joseph
- Party Role
- Defendant
- Party Name
- Kasmel Francy
- Party Age
- 54
- Relation
- S/o.Kasmel
Plaintiffs Documents
Sale Deed No. 189/2001/I, Sale Deed No. 1098/2006/I
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Muhammed Shiji.S.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Arun R.Mayyanadu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Anil Elgin Thampi
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Boris Poul
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Siju Aravind
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Refused
Description:
Request for the appointment of an Advocate Commissioner and a qualified Survey Commissioner.
Evidence:
I do not find any error committed by the execution court by dismissing the application filed by the petitioner and accordingly, this petition is dismissed.
Relief Type:
Other
Outcome:
Granted
Description:
Appointment of Advocate Commissioner and Surveyor for the execution of the relevant order.
Evidence:
I am inclined to allow petition. Adv.Jasmin appointed as Commissioner and Radhakrishnan Nair appointed as surveyer.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Document supporting the claim of property ownership by the petitioners.
Reference:
Sale Deed No: 189/2001/I
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Document supporting the claim of property ownership by the petitioners.
Reference:
Sale Deed No: 1098/2006/I
Document Type:
Survey Plan
Submitted By:
Plaintiff
Relevance:
Support for claims regarding the property layout and boundaries.
Reference:
null
Document Type:
Color Copy of Survey Plan
Submitted By:
Plaintiff
Relevance:
Recently prepared document comparing property boundaries.
Reference:
null
Document Type:
Commissioner's Report
Submitted By:
Court
Relevance:
Determined the property boundaries and encroachments in previous proceedings.
Reference:
null
Document Type:
Court Order
Submitted By:
Court
Relevance:
Time limit order from the High Court of Kerala pertaining to the case.
Reference:
OP(C) No.2542 of 2022 dated 30/11/2023
Case Classification
Case Type
Execution Application
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
OS.NO.
Case Code Year
2001