Case Summary
The plaintiffs are siblings and the defendant is their grandmother. They seek a partition of the inherited property following the death of their father.
Judgment Outcome
Judgment Favored
Partial
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in part, with a preliminary decree for partition passed, entitling the plaintiffs to 4/9th share and the defendant to 5/9th share over the properties.
Key Reasoning:
The plaintiffs proved their claims regarding the property rights through unchallenged affidavits and exhibits.
The plaintiffs proved their claims regarding the property rights through unchallenged affidavits and exhibits.
Losing Side's Weaknesses:
The plaintiffs proved their claims regarding the property rights through unchallenged affidavits and exhibits.
The plaintiffs proved their claims regarding the property rights through unchallenged affidavits and exhibits.
Supporting Evidence
From the affidavit and exhibits and the plaint averments are proved and unchallenged.
Judgment Evidence:
In the result, suit is decreed in part and a preliminary decree for partition is passed as follows: (i) The plaintiffs are entitled to get 4/9th share over the plaint A and B schedule properties.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Akash S
- Party Age
- 22
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Anupama
- Party Age
- 24
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Anandavally
- Party Age
- 77
- Relation
- W/o
Plaintiffs Documents
Certified copy of Settlement deed No. 1573/1997, Certified copy of Sale deed No. 3650/1991, Land tax receipts, Death certificate of Sri. Sajeev.S.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv.Adersh. S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Exparte
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Not Decided
Description:
The plaintiffs sought a permanent prohibitory injunction.
Evidence:
This suit is filed by the plaintiff u/S 26, O.IV, Rule 1 of the Code of Civil Procedure, 1908 for permanent prohibitory injunction.
Relief Type:
Partition
Outcome:
Partly Granted
Description:
A preliminary decree for partition was passed, granting the plaintiffs 4/9th share and the defendant 5/9th share.
Evidence:
In the result, suit is decreed in part and a preliminary decree for partition is passed as follows: (i) The plaintiffs are entitled to get 4/9th share over the plaint A and B schedule properties.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Settlement deed No. 1573/1997 of Eravipuram SRO dated 28/04/1997.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No. 3650/1991 of Eravipuram SRO dated 25/10/1991.
Reference:
Ext.A2
Document Type:
Land Tax receipts
Submitted By:
Plaintiff
Relevance:
Land tax receipts dated 25/01/2018.
Reference:
Ext.A3 and A4
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death certificate of Sri. Sajeev.S dated 08/09/2023.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Akash S et al vs Anandavally regarding partition and permanent prohibitory injunction.
Case Code Year
Case between Akash S et al vs Anandavally regarding partition and permanent prohibitory injunction.