Case Summary
The plaintiff, C.Ansala, seeks a declaration of title and possession against the Gramodayam Trust and its representatives. The case involves issues related to a commission report regarding property boundaries and possession.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court allowed the application filed by the 5th defendant to set aside the commission report while dismissing the plaintiff's application to remit the report back.
Key Reasoning:
The commission report was found to be materially erroneous and not in consonance with title deeds.
The commission report was found to be materially erroneous and not in consonance with title deeds.
Why Defendant Won:
Not available
Not available
Supporting Evidence
It could be seen that there are material errors in Ext.C1 report and plan which cannot be rectified even if it is remitted back to the advocate commissioner.
Judgment Evidence:
In the result, I.A.09/2023 allowed and I.A.03/2023 is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- C.Ansala
- Party Role
- Defendant
- Party Name
- Gramodayam Trust
- Relation
- represented by its President
- Party Role
- Defendant
- Party Name
- G.Sivaramar
- Party Age
- 66
- Relation
- S/o.Govinda Pillai
- Party Role
- Defendant
- Party Name
- G.Gireesan
- Party Age
- 51
- Relation
- S/o.Gopala Pillai
- Party Role
- Defendant
- Party Name
- G.K.Gireesh
- Party Age
- 41
- Relation
- S/o.Gopinathan Nair
- Party Role
- Defendant
- Party Name
- Saraswathy
- Party Age
- 28
- Relation
- D/o.Ammukkutty
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. N.R.Suresh Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Anoop Krishna.R.P
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Resmi.R.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. G.S.Prakash
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Allowed
Description:
The 5th defendant's application to set aside the commission report and plan was allowed.
Evidence:
In the result, I.A.09/2023 allowed and I.A.03/2023 is dismissed.
Relief Type:
Other
Outcome:
Dismissed
Description:
The plaintiff's application to remit back the commission report and plan was dismissed.
Evidence:
In the result, I.A.09/2023 allowed and I.A.03/2023 is dismissed.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The court used this document as a basis for considering the objections filed regarding its accuracy and adequacy.
Reference:
Ext.C1
Document Type:
Plan
Submitted By:
Court
Relevance:
The court referenced this plan in conjunction with the commission report to assess its correctness.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Declaration of title
Case Code
Case between C.Ansala vs Gramodayam Trust et al regarding declaration of title and possession.
Case Code Year
Case between C.Ansala vs Gramodayam Trust et al regarding declaration of title and possession.