Case Summary
The case involves plaintiffs Leela, Kumari Sheela, and Jayalekshmi seeking a local investigation and appointment of an advocate commissioner. The defendant Peerumohammed has also requested the appointment of a surveyor to identify the properties in question.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Appointment of advocate commissioner and surveyor to investigate the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court allowed the plaintiffs' application for local investigation by appointing an advocate commissioner and a surveyor.
Why Plaintiff Won:
The applicants made out a prima facie case warranting the appointment of an advocate commissioner along with a surveyor.
The applicants made out a prima facie case warranting the appointment of an advocate commissioner along with a surveyor.
Losing Side's Weaknesses:
The applicants made out a prima facie case warranting the appointment of an advocate commissioner along with a surveyor.
The applicants made out a prima facie case warranting the appointment of an advocate commissioner along with a surveyor.
Supporting Evidence
Upon a careful perusal of the case records, this Court is of the view that the appointment of an advocate commissioner along with a surveyor as prayed for in the present application, is warranted. Moreover, the applicants have made out a prima facie case.
Judgment Evidence:
Hence, for ascertaining the matters in the application and for elucidating the disputes between the parties, this IA is allowed as follows: (a) Advocate Sri.Gopikrishnan, is appointed as the advocate commissioner and Sri.O.S Sajeev is appointed as the surveyor.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Leela
- Party Age
- 60
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Kumari Sheela
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Jayalekshmi
- Party Age
- 57
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Peerumohammed
- Party Age
- 68
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. S.A.Sundar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Sindhu.S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.M.S.Manish
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Appointment of an advocate commissioner and a surveyor to assist in measuring the property.
Evidence:
this Court is of the view that the appointment of an advocate commissioner along with a surveyor as prayed for in the present application, is warranted.
Relief Type:
Other
Outcome:
Granted
Description:
Direction to the applicants to deposit batta for the advocate commissioner and the surveyor.
Evidence:
The applicants are directed to deposit a batta of ₹4,000/- to the advocate commissioner and ₹3,000/- to the surveyor within 30 days from the date of this order.
Relief Type:
Other
Outcome:
Granted
Description:
Requirement for the advocate commissioner to file a report by a specific date.
Evidence:
The advocate commissioner shall file the report on or before 05/01/2026 after serving copies to both parties.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
O.S.NO.
Case Code Year
2024