Case Summary
Paulose, the plaintiff, claims that the defendants cut down trees and obstructed his access to transport via road. The defendants argue that they only removed decayed trees from their property to prevent accidents.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition, appointing an Advocate commissioner to assess the situation regarding the alleged obstruction.
Why Plaintiff Won:
The court found it necessary to appoint an Advocate commissioner to assess the obstruction and gather further information.
The court found it necessary to appoint an Advocate commissioner to assess the obstruction and gather further information.
Losing Side's Weaknesses:
The court found it necessary to appoint an Advocate commissioner to assess the obstruction and gather further information.
The court found it necessary to appoint an Advocate commissioner to assess the obstruction and gather further information.
Supporting Evidence
It is necessary to appoint an Advocate commissioner to obtain a commission report regarding the obstruction faced by the plaintiff.
Judgment Evidence:
In the result, the petition stands allowed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Paulose
- Party Age
- 75
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- N.M. Pathrose
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- N.M. Yohannan
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Joseph Sebastian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- A.M. John
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- P.T. Geevarghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Surya Mohan P
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Appointment of an Advocate commissioner to note factors required for fair adjudication.
Evidence:
the petition stands allowed.
Documents & Evidence
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
The court decided to appoint an Advocate commissioner to note the factors required to be noted by the petitioner.
Reference:
Ext.C1
Document Type:
Photographs
Submitted By:
Unknown
Relevance:
Photographs were produced by the respondents to show the nature of the decayed trees.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Case Code
Case between Paulose vs N.M. Pathrose et al regarding obstruction of vehicular transportation
Case Code Year
Case between Paulose vs N.M. Pathrose et al regarding obstruction of vehicular transportation