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OS No. 10 / 2021

Case between Ammini et al vs Ajitha Sunil et al regarding partition

Court
IN THE COURT OF THE MUNSIFF KOLENCHERY
Judge
Smt. Sirsha N A
Order Date
2024-05-31
Duration
Case Closed
Fri, 05/31/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, Ammini and her sons Suresh Kumar and Sudheesh Kumar, are seeking a partition of property that belonged to their deceased husband and father, Palliyan. The defendants are Ajitha Sunil, the wife of another deceased son, and her minor son, who are jointly entitled to the property.

Judgment Outcome

Plaintiff Won
Interim Order
The court has decreed the suit for partition, awarding each plaintiff a one-fourth share of the properties in question. The defendants will also receive a one-fourth share as joint owners.
Judgment Favored
Plaintiff
Relief Granted
Decree of partition by meets and bounds
Case Type
Civil Suit
Final Judgment
No
The court has decreed the suit for partition, awarding each plaintiff a one-fourth share of the properties in question. The defendants will also receive a one-fourth share as joint owners.
Why Plaintiff Won:
The plaintiffs proved their entitlement to partition of the property under Hindu succession law.
Losing Side's Weaknesses:
The plaintiffs proved their entitlement to partition of the property under Hindu succession law.
Supporting Evidence
Proof affidavit and evidence adduced by the plaintiffs proved the plaint averments.

Judgment Evidence:

In the result, the suit is decreed as follows: (a) The plaintiffs are entitled to get a decree of partition of the plaint schedule property by meets and bounds by allotting 1/4th share of the plaint schedule property to each of the plaintiff by actual division.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Ammini
Party Age
69
Relation
W/o
Party Role
Plaintiff
Party Name
Suresh Kumar
Party Age
42
Relation
S/o
Party Role
Plaintiff
Party Name
Sudheesh Kumar
Party Age
39
Relation
S/o
Party Role
Defendant
Party Name
Ajitha Sunil
Party Age
44
Relation
W/o
Party Role
Defendant
Party Name
Adhithyan Sunil
Party Age
15
Relation
S/o
Plaintiffs Documents
Copy of gift deed No.1562/1/1978 of SRO Puthencruz, Tax receipt issued by Thiruvaniyoor Village, Copy of Relationship Certificate issued by Thiruvaniyoor Village Officer, Copy of death certificate of Palliyan, Copy of death certificate of V.Sunil Kumar issued by Kochi Municipal Corporation.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
K.A.Benny
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Eldho Paul
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Johny Cherian
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
B.Pramoth
Appearance Type
Main Counsel

Reliefs

Relief Type: Partition
Outcome: Granted
Description:
The plaintiffs are entitled to a decree of partition of the plaint schedule property.
Evidence:
In the result, the suit is decreed as follows: (a) The plaintiffs are entitled to get a decree of partition of the plaint schedule property by meets and bounds by allotting 1/4 share of the plaint schedule property to each of the plaintiff by actual division.
Relief Type: Partition
Outcome: Granted
Description:
Defendants are entitled to 1/4 share of the plaint schedule property.
Evidence:
(b) The defendants 1 and 2 together entitled to get 1/4 share of the plaint schedule property.

Documents & Evidence

Document Type: Gift Deed
Submitted By: Plaintiff
Relevance:
Proves the ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Validates the plaintiffs' connection to the property.
Reference:
Ext.A2
Document Type: Relationship Certificate
Submitted By: Plaintiff
Relevance:
Establishes the relationship of the plaintiffs to the deceased owner.
Reference:
Ext.A3
Document Type: Death Certificate
Submitted By: Plaintiff
Relevance:
Confirms the death of Palliyan, the owner of the plaint schedule property.
Reference:
Ext.A4
Document Type: Death Certificate
Submitted By: Plaintiff
Relevance:
Confirms the death of V. Sunil Kumar, which affects the inheritance.
Reference:
Ext.A5

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Partition of property
Case Code
Case between Ammini et al vs Ajitha Sunil et al regarding partition
Case Code Year
Case between Ammini et al vs Ajitha Sunil et al regarding partition

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Case Filed
Fri, 01/01/2021 - 12:00
Case Closed
Fri, 05/31/2024 - 12:00
From
Wed, 05/01/2024 - 12:00
To
Fri, 05/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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