Case Summary
The plaintiffs are seeking a declaration of title and possession of a property, claiming that the mortgage rights pertaining to the property have become time barred. The defendants are contesting the plaintiffs' rights, stating they have been in possession for over 62 years.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Appointment of an advocate commissioner and surveyor
Case Type
Civil Suit
Final Judgment
No
The court allowed the application for appointing an advocate commissioner and surveyor to ascertain the plaint schedule property.
Why Plaintiff Won:
The plaintiffs established the need for identification and measurement of the property due to disputed ownership.
The plaintiffs established the need for identification and measurement of the property due to disputed ownership.
Losing Side's Weaknesses:
The plaintiffs established the need for identification and measurement of the property due to disputed ownership.
The plaintiffs established the need for identification and measurement of the property due to disputed ownership.
Supporting Evidence
The court acknowledged the plaintiffs' claim over the mortgage rights having become time barred and deemed it necessary to identify the property.
Judgment Evidence:
In the result, I.A allowed. Advocate Ashiq. R.S is appointed as advocate commissioner and Sri. O.S. Sajeev is appointed as surveyor to assist the advocate commissioner.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.Francy Cyrus
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- K.Antony Robin Cyrus
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- K.Dileep Cyrus
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Biju Michel
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- K.Shirly Koshy
- Relation
- Daughter of
- Party Role
- Defendant
- Party Name
- Sudarsan
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sudhalal
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M.R.Anandakuttan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.S.Rajeev
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.D.Rajagopal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Appointment of advocate commissioner and surveyor.
Evidence:
Therefore I am of the view that an advocate commissioner and surveyor can be appointed to measure out and ascertain the plaint schedule property for the meritorious disposal of the suit.
Documents & Evidence
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
Appointment of advocate commissioner and surveyor to measure out and ascertain the plaint schedule property.
Reference:
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Evidence presented by both plaintiffs and defendants regarding the ownership and status of the plaint schedule property.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2022