Case Summary
Ancy, the plaintiff, is seeking partition of the property that belongs to her deceased mother Thresiamma, which she claims is shared among her siblings. The defendants are resisting the partition and have been accused of attempting to devalue the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree for partition and 1/5 share in the plaint schedule properties.
Case Type
Civil Suit
Final Judgment
No
The suit is partially decreed, granting the plaintiff a 1/5 share of the property and ordering the partition of the plaint schedule properties into five equal shares.
Why Plaintiff Won:
The plaintiff is entitled to a decree of partition as the property belongs to the legal heirs of Thresiamma.
The plaintiff is entitled to a decree of partition as the property belongs to the legal heirs of Thresiamma.
Losing Side's Weaknesses:
The plaintiff is entitled to a decree of partition as the property belongs to the legal heirs of Thresiamma.
The plaintiff is entitled to a decree of partition as the property belongs to the legal heirs of Thresiamma.
Supporting Evidence
From the unchallenged evidence, it can be seen that plaintiff 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 properties are ordered to be partitioned by metes and bounds in to five equal shares.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ancy
- Party Age
- 50
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jose @ P.S.Joseph
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mary Kurian
- Party Age
- 61
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Elsamma Thomas
- Party Age
- 59
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jessy Biji
- Party Age
- 47
- Relation
- W/o
Plaintiffs Documents
Certified copy of sale deed No.2179/1960 of Kaduthuruthy SRO, Death certificate of Thresiamma.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Madhu Abraham
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Joby Das.K.D
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Plaintiff sought partition of the plaint schedule property.
Evidence:
The suit is decreed in part and a preliminary decree for partition is passed as follows: The plaint schedule properties are ordered to be partitioned by metes and bounds in to five equal shares.
Relief Type:
Permanent Injunction
Outcome:
Not Decided
Description:
Plaintiff sought a permanent prohibitory injunction to restrain defendants from cutting down valuable trees.
Evidence:
Plaintiff is also seeking a decree for permanent prohibitory injunction perpetually restraining the defendant from trespassing on the share of the plaint schedule property.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No.2179/1960 proving ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death certificate of Thresiamma establishing the legal heirship.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed by Advocate Joby Das.K.D. identifying the plaint schedule property.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch prepared by Advocate Commissioner attached with the commission report.
Reference:
Ext.C1(a)
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 Ancy vs Jose @ P.S.Joseph et al regarding partition and permanent prohibitory injunction.
Case Code Year
Case between Ancy vs Jose @ P.S.Joseph et al regarding partition and permanent prohibitory injunction.