Case Summary
L.Sameena filed a suit for partition against L.Saleena and Mytheen Adima. The court allowed the appointment of an advocate commissioner and surveyor to assist in determining the property for partition.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Appointment of an advocate commissioner and surveyor to assist in the partition of property.
Case Type
Civil Suit
Final Judgment
No
The court allowed the application for appointing an advocate commissioner to facilitate the partition of property as per the preliminary decree.
Why Plaintiff Won:
The court found that appointing an advocate commissioner and surveyor is necessary for effective adjudication of the partition.
The court found that appointing an advocate commissioner and surveyor is necessary for effective adjudication of the partition.
Losing Side's Weaknesses:
The court found that appointing an advocate commissioner and surveyor is necessary for effective adjudication of the partition.
The court found that appointing an advocate commissioner and surveyor is necessary for effective adjudication of the partition.
Supporting Evidence
Considering the rival contentions it is seen that the Hon’ble Appellate Court has stayed only the passing of the final decree.
Judgment Evidence:
In the result, I.A allowed. Advocate Lekshmi. I (C/o. Pallichal Aswakumar) is appointed as advocate commissioner and Sri. Sajeev is appointed as surveyor to assist the advocate commissioner.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- L.Sameena
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- L.Saleena
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mytheen Adima
- Relation
- S/o
Plaintiffs Documents
Deed No.2038/1977.
Defendants Documents
Not mentioned.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.G.S.Kalkura
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Rajasekharan Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.S.Ashraf
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Appointment of advocate commissioner and surveyor to identify and ascertain the plaint schedule property.
Evidence:
Having considered the rival contentions it is seen that the Hon’ble Appellate Court has stayed only the passing of the final decree. So also considering the contentions raised by respondent/2nd defendant it is found that appointing an advocate commissioner and surveyor is necessary to identify and ascertain the plaint schedule property.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Partition
Case Code
OS.NO.
Case Code Year
2016