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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

Judgement document from eCourt website

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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
Why Plaintiff Won:
The plaintiffs proved their entitlement to partition of the property under Hindu succession law.

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

Plaintiffs

Ammini (69 Years years) Puthenmannathu House, Kuzhiyara Kara, Thiruvaniyoor Village, Kunnathunadu Taluk Suresh Kumar (42 years years) Puthenmannathu House, Kuzhiyara Kara, Thiruvaniyoor Village, Kunnathunadu Taluk Sudheesh Kumar (39 Years years) Puthenmannathu House, Kuzhiyara Kara, Thiruvaniyoor Village, Kunnathunadu Taluk

Defendants

Ajitha Sunil (44 years years) Puthenmannathu House, Kuzhiyara Kara, Now residing at rented house of Venu, Ambattu House, Chottanikkara Bhagam, Kanayannoor Village, Kanayannoor Taluk Adhithyan Sunil (15 years years) Puthenmannathu House, Kuzhiyara Kara, Now residing at rented house of Venu, Ambattu House, Chottanikkara Bhagam, Kanayannoor Village, Kanayannoor Taluk

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

Quick Facts

Location
Case Filed
Fri, 01/01/2021 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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