Case Summary
The case involves a petition by the defendant Vijayabhanu to return a plan and report prepared in another application to rectify defects. The plaintiff Suresh Babu objected to this petition.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
A new report and plan is necessary to resolve the dispute.
Case Type
Civil Suit
Final Judgment
No
The petition by the defendant to return the plan and report was allowed. The court set aside previous commission reports due to their unreliability and appointed new officials for a fresh report.
Key Reasoning:
The court found the previous commission reports unreliable due to various deficiencies in the plans and measurements.
The court found the previous commission reports unreliable due to various deficiencies in the plans and measurements.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The court is of the view that both commission reports and plans are to be set aside.
Judgment Evidence:
In the result, the petition is allowed. C1, C1(a) and C2, C2(a) are set aside.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Suresh Babu
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vijayabhanu
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Alex J. Edackattu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Harindramohan Nair C.
- Appearance Type
- Main Counsel
- Party Role
- Court
- Advocate Name
- Riyas Bin Karim
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The petition to return the plan and report was allowed, and both commission reports were set aside.
Evidence:
In the result, the petition is allowed. C1, C1(a) and C2, C2(a) are set aside.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The court reviewed and found these commission reports unreliable to resolve the dispute.
Reference:
C1, C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The court found this commission report unreliable and decided to set it aside.
Reference:
C2, C2(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
O.S
Case Code Year
2015