Case between Nalini et al vs Choyi regarding recovery of possession of B-schedule property.

Case Summary

The case involves Nalini and others as defendants against Choyi, the plaintiff, regarding the recovery of possession of a property designated as B-schedule. The defendants claim that the B-schedule property is a pathway leading to their house and was wrongfully claimed by the plaintiff.

Judgment Outcome

Defendant Won

Interim Order

The application for the appointment of an advocate commissioner was allowed in favor of the defendants. Advocate Ashfaq K. P. was appointed as Advocate Commissioner to facilitate addressing the issues regarding the property in question.

Judgment Favored

Defendant

Relief Granted

Appointment of Advocate Commissioner

Case Type

Civil Suit

Final Judgment

No

The application for the appointment of an advocate commissioner was allowed in favor of the defendants. Advocate Ashfaq K. P. was appointed as Advocate Commissioner to facilitate addressing the issues regarding the property in question.

Key Reasoning:
The court found that the appointment of an Advocate Commissioner was necessary for effective adjudication due to the complex issues involved.

Why Defendant Won:
The court found that the appointment of an Advocate Commissioner was necessary for effective adjudication due to the complex issues involved.

Supporting Evidence

Considering the above-discussed aspects, this Court is of the opinion that the appointment of an Advocate Commissioner is highly necessary for the effective and complete adjudication of the suit.

Judgment Evidence:

Therefore, the IA is allowed in the interest of justice. Advocate Ashfaq K. P. is appointed as Advocate Commissioner.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Choyi
Party Age: 77
Relation: S/o

Party Role: Defendant
Party Name: Nalini
Party Age: 67
Relation: W/o. Late Viswan Tharol

Party Role: Defendant
Party Name: Jisha
Party Age: 46
Relation: D/o. Late Viswan Tharol

Party Role: Defendant
Party Name: Jiji
Party Age: 44
Relation: S/o. Late Viswan Tharol

Party Role: Defendant
Party Name: Jinukumar
Party Age: 36
Relation: S/o. Viswan Tharol

Plaintiffs Documents

Defendants Documents

Advocates

Party Role: Defendant
Advocate Name: Sri. K.M. Sebastian
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Sri. Mathew Kattikakana
Appearance Type: Main Counsel

Reliefs

Relief Type: Other

Outcome: Granted

Description:

Appointment of Advocate Commissioner for measuring the plaint B-schedule property.

Evidence:

Considering the above-discussed aspects, this Court is of the opinion that the appointment of an Advocate Commissioner is highly necessary for the effective and complete adjudication of the suit.

Documents & Evidence

Document Type: Commissioner's Report

Submitted By: Court

Relevance:

The document is related to the appointment of the advocate commissioner for measuring the plaint B-schedule property.

Reference:

Ext.C1

Case Classification