Case Summary
Alice P. Thomas and K. Pappachan, the plaintiffs, are seeking a final decree for partition of a property. The defendants are P.K. Thomas, Elizabath John, and Susan Mathew, who were involved in a preliminary decree for partition, and the court has now passed a final decree based on their agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Final decree of partition and allocation of 1/3rd share.
Case Type
Civil Suit
Final Judgment
No
The court has passed a final decree for partition, granting the petitioner's 1/3rd share in the property as per the preliminary decree. The defendants did not object to the allotment.
Why Plaintiff Won:
The commission report and the lack of objections by the defendants supported the plaintiff's claim.
The commission report and the lack of objections by the defendants supported the plaintiff's claim.
Losing Side's Weaknesses:
The commission report and the lack of objections by the defendants supported the plaintiff's claim.
The commission report and the lack of objections by the defendants supported the plaintiff's claim.
Supporting Evidence
I have perused the preliminary decree passed in this case and the commission report, mahazar and plan prepared by the advocate commissioner.
Judgment Evidence:
In the result, a final decree is passed in the following terms: 1. Plot OGHIJKLO in Ext.C1(b) plan is separated and allotted to the share of the petitioner/plaintiff as his 1/3rd share in the preliminary decree schedule.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Alice.P.Thomas
- Party Role
- Plaintiff
- Party Name
- K. Pappachan
- Party Role
- Defendant
- Party Name
- P.K.Thomas
- Party Role
- Defendant
- Party Name
- Elizabath John
- Party Role
- Defendant
- Party Name
- Susan Mathew
- Relation
- Represented by
Plaintiffs Documents
Settlement Deed No. 4099/2001, Cancellation Deed Nos. 4048/97, 3183/99.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Saju George
- Appearance Type
- Main Counsel
- Party Role
- Court
- Advocate Name
- Babitha.S.
- Appearance Type
- Assisting Counsel
- Party Role
- Court
- Advocate Name
- Parvathy G.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Final decree separating the 1/3 share of the petitioner/plaintiff.
Evidence:
Hence, prayed for passing a final decree separating the 1/3rd share of the petitioner/plaintiff as per the terms of the preliminary decree.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Accepted and marked in evidence as it supported the final decree.
Reference:
Ext.C1
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Accepted and marked in evidence as it supported the final decree.
Reference:
Ext.C1(a)
Document Type:
Resurvey Plan
Submitted By:
Court
Relevance:
Accepted and marked in evidence as it supported the final decree.
Reference:
Ext.C1(b)
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 Alice.P.Thomas vs P.K.Thomas et al regarding partition of property.
Case Code Year
Case between Alice.P.Thomas vs P.K.Thomas et al regarding partition of property.