Case Summary
This case involves Akshaya, the plaintiff, seeking a declaration of civil death for her mother, Seena, who has been missing for over 11 years. The plaintiff is also requesting partition of the property inherited from her deceased father.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaint schedule property is divided into 2 equal parts, and the plaintiff is entitled to get 1/2 share over the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court denied the request for declaration of civil death of the defendant but granted a preliminary decree for partition, awarding the plaintiff half of the property.
Why Plaintiff Won:
The plaintiff proved her entitlement to a partition of the property.
The plaintiff proved her entitlement to a partition of the property.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The only factor to be considered is whether the court can declare the civil death of the defendant, the mother of plaintiff whose whereabouts were not known for more than 7 years.
Judgment Evidence:
The suit is decreed in part and a preliminary decree for partition is passed as follows: 1)The plaint schedule property is divided into 2 equal parts and the plaintiff is entitled to get 1/2 share over the plaint schedule property and has got absolute right over the house situated in the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Akshaya
- Party Age
- 22
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Seena
- Party Age
- 40
- Relation
- W/o
Plaintiffs Documents
Assignment Deed No. 2105/2012 of SRO, Kavilumpara, Basic Tax Receipt issued by Village Office, Maruthonkara to Pavithran
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Bindu Puthiyarakkal
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Fathima Suhara
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
To declare the civil death of the defendant.
Evidence:
The first relief as to the declaration of the civil death is hereby denied.
Relief Type:
Partition
Outcome:
Partly Granted
Description:
Preliminary decree for partition separating the share of the plaintiff from that of the defendant.
Evidence:
The suit is decreed in part and a preliminary decree for partition is passed.
Documents & Evidence
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
The title deed of the plaintiff shows that the plaint schedule property was in the position of the father of the plaintiff.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
As per Ext.A2 he was paying tax with respect to plaint schedule property.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Partition
Case Code
Case between Akshaya vs Seena regarding declaration and partition
Case Code Year
Case between Akshaya vs Seena regarding declaration and partition
Case Flags
Arrest Involved