Case Summary
M. Bhasi and Sudarsa.K are the plaintiffs seeking to establish a boundary and construct a wall on their property. Jinu Chandran and others are the defendants challenging the application based on previous case rulings.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Commission applications approved, boundaries to be established.
Case Type
Civil Suit
Final Judgment
No
The court allowed the commission applications for establishing boundaries and appointing a commissioner to investigate the disputed property matters.
Why Plaintiff Won:
The court found merit in the necessity of appointing a commissioner to resolve property discrepancies.
The court found merit in the necessity of appointing a commissioner to resolve property discrepancies.
Losing Side's Weaknesses:
The court found merit in the necessity of appointing a commissioner to resolve property discrepancies.
The court found merit in the necessity of appointing a commissioner to resolve property discrepancies.
Supporting Evidence
The identification and demarcation of the plaint schedule properties, based on the title deeds, re-survey plan, and the plan approved in the earlier suit, are essential for resolving the real matter in controversy.
Judgment Evidence:
Hence, this Court is inclined to allow I.A. No. 02/2021 and I.A. No. 04/2023 in the interest of justice.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M. Bhasi
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sudarsa.K
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jinu Chandran
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Meenakshi
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Madhavi
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Vijayamma
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Valliyammal
- Relation
- W/o
Plaintiffs Documents
Commission application, title deeds, survey plan.
Defendants Documents
Counter-affidavit to IA.No.2/2021.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K. Shaji
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.G.S. Sanal Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Anoop Bhaskar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Commission Appointment
Outcome:
Granted
Description:
Appointment of an advocate commissioner and surveyor to investigate and report.
Evidence:
Hence, this Court is inclined to allow I.A. No. 02/2021 and I.A. No. 04/2023 in the interest of justice.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Plaintiff
Relevance:
The commission report along with a rough sketch was submitted by the advocate commissioner.
Reference:
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
The title deeds were referred to for locating and identifying the plaint 'A', 'B', and 'C' schedule properties.
Reference:
Ext.A1
Document Type:
Judgment
Submitted By:
Court
Relevance:
The judgment in O.S. 244/1982 was referenced to establish the prior ownership and boundary line.
Reference:
Ext.C1
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
The re-survey plan was used to ascertain the lie and nature of the 'A', 'B', and 'C' schedule properties.
Reference:
Document Type:
Commission Application
Submitted By:
Court
Relevance:
The application sought to appoint a commissioner to identify and locate the properties.
Reference:
I.A. No. 02/2021
Document Type:
Commission Application
Submitted By:
Court
Relevance:
The application also aimed to appoint a commissioner for further clarifications.
Reference:
I.A. No. 04/2023
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
2016