Case Summary
The petitioner Sarathchandran Nair is seeking to measure and demarcate certain properties against the defendants, which include the Government of India and the Indian Coast Guard. The defendants dispute the plaintiff's claims over the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Appointment of advocate commissioner and surveyor to measure and demarcate properties.
Case Type
Civil Suit
Final Judgment
No
The application for measurement was allowed, and an advocate commissioner along with a surveyor were appointed to assist in determining the boundaries of the disputed properties.
Why Plaintiff Won:
The court found it necessary to ascertain the nature and extent of the disputed properties for proper disposal of the case.
The court found it necessary to ascertain the nature and extent of the disputed properties for proper disposal of the case.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Considering the nature of relief sought for it is necessary that the property is to be measured out with the help of a advocate commissioner and surveyor.
Judgment Evidence:
In the result, I.A allowed. Advocate Sidharth is appointed as advocate commissioner and Sri. D.K. Ramesh is appointed as surveyor to assist the advocate commissioner.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sarathchandran Nair.J
- Party Age
- 63
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Government of India
- Relation
- represented by Secretary
- Party Role
- Defendant
- Party Name
- The Chief Commander, Indian Coast Guard
- Party Role
- Defendant
- Party Name
- Indian Coast Guard
- Relation
- represented by the Defense Estate Officer
- Party Role
- Defendant
- Party Name
- State of Kerala
- Relation
- represented by the District Collector
Plaintiffs Documents
Deed Nos.3576/2018, 3405/2018
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.V.S.Bhasurendran Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Prasanth Pai
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Rahmathullah.R
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Nithika Sara Zacharia
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.B.R.Syam
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M.Salahudeen
- Appearance Type
- Government Pleader
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Relief sought for measuring and demarcating the plaint schedule properties.
Evidence:
Therefore it is quite clear that the present suit is filed for putting up of boundary and an advocate commissioner and surveyor is to be appointed to measure out the plaint schedule property and ascertain the lie, nature and extent.
Documents & Evidence
Document Type:
Deed
Submitted By:
Plaintiff
Relevance:
Used to measure and demarcate the plaint B and D schedule properties.
Reference:
Deed Nos.3576/2018 and 3405/2018
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Boundary Dispute
Case Code
OS.NO.
Case Code Year
2021