Case Summary
The case involves a partition dispute between Ali and the defendants, who are family members. The plaintiff seeks a partition of inherited property that they claim jointly with the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Final decree for partition
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff and a final decree for partition was passed. The schedules were allotted to both the plaintiff and defendants as per the terms of the compromise.
Why Plaintiff Won:
The court found that the compromise was lawful and reasonable.
The court found that the compromise was lawful and reasonable.
Losing Side's Weaknesses:
The court found that the compromise was lawful and reasonable.
The court found that the compromise was lawful and reasonable.
Supporting Evidence
I am satisfied that Razi is duly and reasonably protects the interest of the parties and, in the given case, it is just and convenient to pass a final decree in one stroke.
Judgment Evidence:
Hence the suit is decreed and a final decree for partition is passed on the basis of Razi as follows:
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ali
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kadiya Umma
- Party Age
- 85
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Ummerkutty
- Party Age
- 57
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Kadeeja
- Party Age
- 48
- Relation
- wife
- Party Role
- Defendant
- Party Name
- Subaida
- Party Age
- 48
- Party Role
- Defendant
- Party Name
- Musthafa
- Party Age
- 46
Plaintiffs Documents
Genealogical table, Partition Deed No. 87/1979, Document number 807/1970
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.P.Khaleel Ibrahim
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.E.P.Rafeekh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Final decree for partition was granted based on the settlement.
Evidence:
Therefore, compromise is recorded in view of I.A. No. 1827/2019. Hence the suit is decreed and a final decree for partition is passed on the basis of Razi.
Documents & Evidence
Document Type:
Razi Petition
Submitted By:
Court
Relevance:
The document outlines the terms of the settlement reached between the parties regarding the partition.
Reference:
I.A.No.1827/2019
Document Type:
Genealogical table
Submitted By:
Plaintiff
Relevance:
This document shows the relationships between the plaintiffs and defendants which is relevant for the partition case.
Reference:
Plaint A schedule
Document Type:
Partition Deed
Submitted By:
Defendant
Relevance:
This deed establishes the ownership of the property in question.
Reference:
No. 87/1979
Document Type:
Document
Submitted By:
Defendant
Relevance:
This document is also critical in establishing the ownership of another property sought to be partitioned.
Reference:
807/1970
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Ali vs Kadiya Umma et al regarding partition
Case Code Year
Case between Ali vs Kadiya Umma et al regarding partition