Case Summary
The case involves a petition for passing a final decree in accordance with a preliminary decree regarding the partition of property among the petitioners and respondents. The court has heard the petition and decided on the division of property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition of property and separate possession
Case Type
Civil Suit
Final Judgment
No
The court ordered the partition of the property into equal parts among the petitioners and respondents. Each party is entitled to their share along with specific monetary calculations.
Why Plaintiff Won:
The court found that the petitioners were entitled to a final decree based on the preliminary decree issued.
The court found that the petitioners were entitled to a final decree based on the preliminary decree issued.
Losing Side's Weaknesses:
The court found that the petitioners were entitled to a final decree based on the preliminary decree issued.
The court found that the petitioners were entitled to a final decree based on the preliminary decree issued.
Supporting Evidence
The court stated that the petitioners were entitled to partition and elaborated on the distribution of shares as per the preliminary decree.
Judgment Evidence:
1) That the plaint schedule property be divided into 4 equal parts. 2) That the plot A shown in Ext. C2 plan which is of 0.0831 area in hector be allotted to the share of 1st petitioner and be entitled for partition and separate possession over the same.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Prabha. V. P
- Party Age
- 60
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Devi. V. P (Died)
- Party Role
- Defendant
- Party Name
- Anil V. P
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Latha. V. P
- Party Age
- 53
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sunil V. P
- Party Age
- 51
- Relation
- S/o
Plaintiffs Documents
Preliminary decree dated 19-09-2022.
Defendants Documents
Advocates
- Party Role
- Petitioners
- Advocate Name
- Sri. C. R. Biju
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The plaint schedule property be divided into 4 equal parts.
Evidence:
That the plaint schedule property be divided into 4 equal parts.
Relief Type:
Possession
Outcome:
Granted
Description:
That the plot A shown in Ext. C2 plan be allotted to the share of 1st petitioner.
Evidence:
That the plot A shown in Ext. C2 plan which is of 0.0831 area in hector be allotted to the share of 1st petitioner.
Relief Type:
Possession
Outcome:
Granted
Description:
That the plot B shown in C2 plan be allotted to the share of 2nd petitioner.
Evidence:
That the plot No.B shown in C2 plan which is of 0.0831 area in hector be allotted to the share of 2nd petitioner.
Relief Type:
Possession
Outcome:
Granted
Description:
That the plot C shown in C2 plan be allotted to the share of 1st respondent.
Evidence:
That the plot No. C shown in C2 plan which is of 0.0831 area in hector be allotted to the share of 1st respondent.
Relief Type:
Possession
Outcome:
Granted
Description:
That the plot D shown in C2 plan be allotted to the share of 2nd respondent.
Evidence:
That the plot No. D shown in C2 plan which is of 0.0831 area in hector be allotted to the share of 2nd respondent.
Relief Type:
Recovery
Outcome:
Granted
Description:
The share amount be calculated for Rs.5,57,673.75/-.
Evidence:
That the entire value of the property be calculated for Rs.22,30,695/- and the share amount be calculated for Rs.5,57,673.75/-.
Relief Type:
Other
Outcome:
Granted
Description:
The petitioners be directed to produce stamp paper for their share value.
Evidence:
That the petitioners be directed to produce stamp paper for their share value for engrossing the final decree.
Relief Type:
Other
Outcome:
Granted
Description:
The parties be directed to suffer their costs.
Evidence:
That the parties be directed to suffer their costs.
Relief Type:
Other
Outcome:
Granted
Description:
The parties be directed to give an additional remuneration of Rs.10,000/- to the Advocate commissioner.
Evidence:
That the parties be directed to give an additional remuneration of Rs.10,000/- to the Advocate commissioner for the volume of work done.
Documents & Evidence
Document Type:
Plan
Submitted By:
Court
Relevance:
The plan showing the partition of the property.
Reference:
Ext.C2
Document Type:
Report
Submitted By:
Court
Relevance:
The report forms part of the final decree.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
OS
Case Code Year
2021