Case Summary
The case involves Tincy Francis and K. P Francis as plaintiffs, who are seeking a permanent prohibitory injunction against defendant K.P Joseph regarding an alleged right of easement over certain property. The defendant has filed a petition to appoint an Advocate Commissioner to conduct a local inspection related to these claims.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Appointment of Advocate Commissioner to conduct a local inspection
Case Type
Civil Suit
Final Judgment
No
The petition has been partly allowed to permit an Advocate Commissioner with the assistance of an expert engineer to conduct a local inspection on specified points.
Why Plaintiff Won:
The points raised for inspection were deemed essential to determine the case, and were specific and beyond previous reports.
The points raised for inspection were deemed essential to determine the case, and were specific and beyond previous reports.
Losing Side's Weaknesses:
The points raised for inspection were deemed essential to determine the case, and were specific and beyond previous reports.
The points raised for inspection were deemed essential to determine the case, and were specific and beyond previous reports.
Supporting Evidence
The questions sought to be determined in the petition are specific and vast and are going beyond the report that has been filed.
Judgment Evidence:
In the result, the petition is partly allowed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Tincy Francis
- Party Age
- 35
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- K. P Francis
- Party Age
- 76
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K.P Joseph
- Party Age
- 59
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Sibi Karun
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- R. Rajesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- George Sunny Menachery
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K. V Jayachandran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K. J Hari Sankar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Raju V. Mathu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Partly Granted
Description:
The petition is partly allowed to appoint an advocate commissioner for inspection.
Evidence:
In the result, the petition is partly allowed.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Tincy Francis et al vs K.P Joseph regarding appointment of an Advocate Commissioner
Case Code Year
Case between Tincy Francis et al vs K.P Joseph regarding appointment of an Advocate Commissioner