Case Summary
The case involves a suit for partition filed by Ambili Sidharthan against Anil Sachith. The plaintiff claims half of the jointly owned property but the defendant has not complied with requests for division.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree for partition of property into 2 equal shares.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in part, granting a preliminary decree for partition. Both parties are entitled to equal shares in the property.
Why Plaintiff Won:
The plaintiff proved her entitlement to half of the jointly owned property.
The plaintiff proved her entitlement to half of the jointly owned property.
Losing Side's Weaknesses:
The plaintiff proved her entitlement to half of the jointly owned property.
The plaintiff proved her entitlement to half of the jointly owned property.
Supporting Evidence
From the unchallenged evidence, it can be seen that plaintiff and defendant is entitled to get a decree of partition as prayed for.
Judgment Evidence:
In the result, the suit is decreed in part and a preliminary decree for partition is passed as follows: 1.The plaint schedule property is ordered to be partitioned by metes and bounds into 2 equal shares. 2.Plaintiff is entitled to get 1/2 share in the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ambili Sidharthan
- Party Age
- 54
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Anil Sachith
- Party Age
- 53
- Relation
- S/o
Plaintiffs Documents
Original sale deed bearing No.1889/2012 of SRO, Vaikom
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.G.Renjith
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Mohandas K.S
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
The suit is decreed in part and a preliminary decree for partition is passed.
Evidence:
In the result, the suit is decreed in part and a preliminary decree for partition is passed as follows: 1. The plaint schedule property is ordered to be partitioned by metes and bounds into 2 equal shares.
Documents & Evidence
Document Type:
Original Sale Deed
Submitted By:
Plaintiff
Relevance:
Ext.A1 was the original sale deed bearing No.1889/2012 of SRO, Vaikom, which shows that the plaint schedule property was jointly owned by the plaintiff and defendant.
Reference:
Ext.A1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Case Code
Case between Ambili Sidharthan vs Anil Sachith regarding partition
Case Code Year
Case between Ambili Sidharthan vs Anil Sachith regarding partition