Case Summary
The plaintiffs, who are the legal heirs of late Ayyappankutty, seek a declaration that a draft partition deed represents a binding agreement among the parties. The defendants, also legal heirs, initially agreed to the claims but later refused to complete registration formalities.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are directed to execute and register a partition deed in respect of the plaint schedule properties.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The defendants consented to the claims raised in the suit and raised no objections.
The defendants consented to the claims raised in the suit and raised no objections.
Judgment Evidence:
In the result, the suit is decreed with costs as follows:- The defendants are directed to execute and register a partition deed in respect of the plaint schedule properties, based on the draft agreement already produced before the Court.
Parties Involved
Plaintiffs
Anilkumar E. A (47 years)
Eyamkuzhy House, Vengola Kara, Vengola Village, Kunnathunadu Taluk, Valayanchirangara P.O, Pin:683 556
Rajan E. A (54 years)
Eyamkuzhy House, Vengola Kara, Vengola Village, Kunnathunadu Taluk, Valayanchirangara P.O, Pin:683 556
Binesh E. A (42 years)
Eyamkuzhy House, Vengola Kara, Vengola Village, Kunnathunadu Taluk, Valayanchirangara P.O, Pin:683 556
Sunilkumar (44 years)
Eyamkuzhy House, Vengola Kara, Vengola Village, Kunnathunadu Taluk, Valayanchirangara P.O, Pin:683 556
Sheela (52 years)
Anichuvattil House, Palakkuzha Kara, Palakkuzha Village, Muvattupuzha Taluk, Palakkuzha P.O, Pin 686 662
Defendants
Vijayan E. N (58 years)
Eyamkuzhy House, Vengola Kara, Vengola Village, Kunnathunadu Taluk, Valayanchirangara P.O, Pin:683 556
Vinod E. N (42 years)
Eyamkuzhy House, Vengola Kara, Vengola Village, Kunnathunadu Taluk, Valayanchirangara P.O, Pin:683 556
Viji Anil (46 years)
Marayil House, Chendamangalam Kara, Chendamangalam Village, Paravoor Taluk, Chendamangalam P O, Pin: 683 512
Vidya E. N (41 years)
Mundakkal House, Vengola Village, Vengola Kara, Kunnathunadu Taluk, Valayanchirangara P. O, PIN: 683 556
Sasi (62 years)
Kunnummel House, Chottanikkara Kara, Mulanthuruthi Village, Vettikkal P. O, Kanayannoor Taluk, Pin: 682 314
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directing the defendants to execute and register a partition deed in respect of the plaint schedule properties
Evidence:
The defendants are directed to execute and register a partition deed in respect of the plaint schedule properties, based on the draft agreement already produced before the Court.
Relief Type:
Declaration
Outcome:
Granted
Description:
That the draft partition deed represents the binding agreement between the parties
Evidence:
In the absence of a registered partition deed, and in view of the refusal by some defendants to execute the same, the plaintiffs were constrained to file the present suit seeking a declaration that the draft partition deed represents the binding agreement between the parties.