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Original Suit No. 56 OF 2015

Case between Abdul Rahman vs Muhammed Kutty regarding partition

Court
COURT OF THE MUNSIFF OF TIRUR
Judge
Sri. Jankish Narayanan
Order Date
2019-08-31
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Abdul Rahman filed a petition for a final decree for partition of property against Muhammed Kutty. The preliminary decree for partition was passed on 20.01.2017, and the case involves the division of shares in the property.

Judgment Outcome

Plaintiff Won
Interim Order
The petition by Abdul Rahman for final decree for partition is allowed. The property is to be divided into two equal shares, with specific plots allocated to each party.
Judgment Favored
Plaintiff
Relief Granted
Final decree for partition granted
Case Type
Civil Suit
Final Judgment
No
The petition by Abdul Rahman for final decree for partition is allowed. The property is to be divided into two equal shares, with specific plots allocated to each party.
Why Plaintiff Won:
The Advocate Commissioner effectively divided the property in accordance with the preliminary decree.
Losing Side's Weaknesses:
Not available
Supporting Evidence
Since Advocate Commissioner effected division of the property in an equitable manner in tune with the preliminary decree, I hold a view that Ext.C1 report and C2 plan can be accepted and final decree for partition can be passed.

Judgment Evidence:

In the result, the petition is allowed and final decree for partition is passed as follows:- i. The decree schedule property shall be divided into 2 (Two) equal shares by metes and bounds.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Abdul Rahman
Party Age
48
Relation
S/o
Party Role
Defendant
Party Name
Muhammed Kutty
Party Age
45
Relation
S/o
Plaintiffs Documents
Preliminary decree for partition dated 20.01.2017, Ext. C1 report, C2 plan
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. T. R. Vijayan
Appearance Type
Main Counsel
Party Role
Court
Advocate Name
Sri.Basil
Appearance Type
Unknown

Reliefs

Relief Type: Possession
Outcome: Granted
Description:
Final decree for partition allowing the petitioner to possess the allotted share of the property.
Evidence:
In the result, the petition is allowed and final decree for partition is passed as follows:- i. The decree schedule property shall be divided into 2 (Two) equal shares by metes and bounds.
Relief Type: Payment
Outcome: Granted
Description:
The petitioner is ordered to pay Rs. 450/- to the respondent towards equalisation of shares.
Evidence:
The petitioner shall pay an amount of Rs. 450/- to the respondent, towards equalisation of shares.

Documents & Evidence

Document Type: Commissioner Report
Submitted By: Court
Relevance:
The report filed by the Advocate Commissioner detailing the division of property.
Reference:
Ext.C1
Document Type: Commission Plan
Submitted By: Court
Relevance:
The plan filed by the Advocate Commissioner showing the allotment of the property.
Reference:
Ext.C2

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Abdul Rahman vs Muhammed Kutty regarding partition
Case Code Year
Case between Abdul Rahman vs Muhammed Kutty regarding partition

Quick Facts

Location
Tirur Taluk
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Thu, 01/01/2015 - 12:00
Case Closed
From
Thu, 08/01/2019 - 12:00
To
Sat, 08/31/2019 - 12:00
Outcome Confidence
85%

Involved Entities

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