Case Summary
This case involves a dispute over the partition of property among siblings and a maternal uncle presumed dead. The plaintiff filed for property division according to Muslim succession laws.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition of the plaint schedule property with specific shares assigned to each party.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The defendants admitted to the family relationships and recognized the plaintiff's claims which justified the partition.
The defendants admitted to the family relationships and recognized the plaintiff's claims which justified the partition.
Judgment Evidence:
In the result, a preliminary decree for partitioning the Plaint Schedule Property is hereby passed based on admission of the defendants.
Parties Involved
Plaintiffs
Abdul Salam M. A. (62 years)
Muzhakampilli house, Kakkanad Karayil, Vazhakalla Village, Kanayannur Taluk, Kakkanad P O, Pin- 682 030
Defendants
Abida M. A. (58 years)
Muzhukkampilly and W/o. Aboobacker, Veluthedam, Kangarapady Karayil, Edappally North Village, Kanayannur Taluk, Pin - 686 670
Ramlath M. A. (54 years)
Muzhukkampilly and W/o. Kunjumuhammad, Thekkukkunnath House, Edathala Karuvelippadi Karayil, Aluva East Village, Aluva Taluk, Edathala P O, 683 561
Safiya Moideen (54 years)
Muzhukkampilly and W/o. Moideen, Pondanath House, Pezhakkapilly Mulavoor Karayil, Mulavoor Village, Moovattupuzha Taluk, Pezhakkapilly P.O., 686 673
Kunjeen Kutti (90 years)
East Peechampilli Parambil Vazhakala, Kakkanad Karayil, Vazhakala Village, Kanayannur Taluk, Kakkanad P.O., Pin- 682 030
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration of civil death of the fourth defendant.
Evidence:
This court is satisfied that the plaint schedule property is to be partitioned as sought for.
Relief Type:
Partition
Outcome:
Granted
Description:
Partition of the plaint schedule property among the parties.
Evidence:
Hence, the suit be decreed on the admission of the defendants, to partition the plaint schedule property.
Documents & Evidence
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the title deed establishes the ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Provides evidence related to the property ownership.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Confirms the death of Ibrahim, relevant for succession rights.
Reference:
Ext.A3
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Confirms the death of Nabeesa, relevant for succession rights.
Reference:
Ext.A4
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Confirms the death of V.S Ali, relevant for succession rights.
Reference:
Ext.A5
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Confirms the death of Biyouma, relevant for succession rights.
Reference:
Ext.A6
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Confirms the death of Pathumma, relevant for succession rights.
Reference:
Ext.A7
Document Type:
Relationship Certificate
Submitted By:
Plaintiff
Relevance:
Establishes the relationship of the parties, pertinent for the partition.
Reference:
Ext.A8