Case Summary
A.K.Balachandran Achary, the plaintiff, is seeking a partition of property against the defendants who are alleged illegal occupiers. The case involves family members and property rights stemming from inheritance following the death of Bhargavi.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Divided the plaint schedule property into 2 equal parts, granting 1/2 share to the plaintiff and issuing injunctions against the defendants.
Case Type
Civil Suit
Final Judgment
No
The court decreed the partition of the property in favor of the plaintiff, granting him a half share while recognizing the first defendant's equal entitlement. Additionally, a permanent prohibitory injunction against the defendants was issued.
Why Plaintiff Won:
The court found that the plaint schedule property is partible and the evidence supported the plaintiff's claims of inheritance and entitlement.
The court found that the plaint schedule property is partible and the evidence supported the plaintiff's claims of inheritance and entitlement.
Losing Side's Weaknesses:
The court found that the plaint schedule property is partible and the evidence supported the plaintiff's claims of inheritance and entitlement.
The court found that the plaint schedule property is partible and the evidence supported the plaintiff's claims of inheritance and entitlement.
Supporting Evidence
The evidence available on record would show that DW1 was residing with his family in the building in the plaint schedule property. The defendants 2 to 5 are occupying the building illegally.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The plaint schedule property shall be divided into 2 equal parts, of which, plaintiff is allotted 1/2 share. Defendant 1 is entitled for the remaining half share of the property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- A.K.Balachandran Achary
- Party Age
- 67
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Krishnankutty Achari
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Santhamma
- Party Age
- 63
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Prasad
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Praseetha
- Party Age
- 43
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Prakash
- Party Age
- 41
- Relation
- S/o
Plaintiffs Documents
Certified copy of sale deed No. 3566/1979, Certified copy of Gift deed No. 3976/1986, Copy of Land Tax receipt No. KL05011401048/2025, Death Certificate of Smt. Bhargavi Kumaran, Death Certificate of Sri. Kumaran Achari.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A.K. Kuriakose
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Priyanka Premkumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Plaintiff entitled to mandatory injunction directing defendants 2 to 5 to vacate the plaint schedule property.
Evidence:
A decree of mandatory injunction is granted directing defendants 2 to 5 to vacate the plaint schedule property and the building therein within 30 days from the date of the decree.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction granted against defendants 2 to 5 restraining them from committing waste in the plaint schedule property.
Evidence:
A decree of permanent prohibitory injunction is granted against defendants 2 to 5 restraining them from cutting and removing trees from the plaint schedule property, committing waste therein and the building situated therein.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No. 3566/1979 establishing property ownership.
Reference:
Ext.A1
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Gift deed No. 3976/1986 indicating property gifted to Bhargavi.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Copy of Land Tax receipt corresponding to the plaint schedule property.
Reference:
Ext.A3
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death Certificate of Smt. Bhargavi Kumaran showing her demise.
Reference:
Ext.A4
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death Certificate of Sri. Kumaran Achari showing his demise.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
O.S
Case Code Year
2022