Case Summary
Petitioners, wife, and children of the plaintiff in the suit filed for the division of property as per the preliminary decree for partition issued on 21-08-2017.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Final decree for partition
Case Type
Civil Suit - Partition
Final Judgment
No
The court passed a final decree for partition by dividing the property equitably between the petitioners and respondents.
Why Plaintiff Won:
The Advocate Commissioner divided the property in an equitable manner as per the preliminary decree.
The Advocate Commissioner divided the property in an equitable manner as per the preliminary decree.
Losing Side's Weaknesses:
The Advocate Commissioner divided the property in an equitable manner as per the preliminary decree.
The Advocate Commissioner divided the property in an equitable manner as per the preliminary decree.
Supporting Evidence
On going to the Commissioner's report and on hearing the learned counsel for petitioners and respondents, I hold a view that Advocate Commissioner has effected the division of decree schedule property in an equitable manner.
Judgment Evidence:
The suit is decreed as follows: 1. The property having an extended of 9.88 cents along with house No.10/144 shown as Plot 1 in Ext.C2 sketch is alloted to the 1/2 share of petitioners. 2. The property having an extend of 9.88 cents along with House No.10/145 shown as Plot 2 in Ext.C2 sketch is alloted to the 1/2 share of respondents.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Appu
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Thankam
- Party Age
- 56
- Relation
- Wife of
- Party Role
- Plaintiff
- Party Name
- Preethi
- Party Age
- 40
- Relation
- Daughter of
- Party Role
- Plaintiff
- Party Name
- Preeja
- Party Age
- 34
- Relation
- Daughter of
- Party Role
- Plaintiff
- Party Name
- Preetha
- Party Age
- 32
- Relation
- Daughter of
- Party Role
- Plaintiff
- Party Name
- Priya
- Party Age
- 30
- Relation
- Daughter of
- Party Role
- Plaintiff
- Party Name
- Preejesh
- Party Age
- 29
- Relation
- Son of
- Party Role
- Defendant
- Party Name
- Unnikrishnan
- Party Age
- 41
- Party Role
- Defendant
- Party Name
- Ramesh
- Party Age
- 40
- Party Role
- Defendant
- Party Name
- Bindhu
- Party Age
- 37
- Party Role
- Defendant
- Party Name
- Simi
- Party Age
- 35
- Party Role
- Defendant
- Party Name
- Sarojini
- Party Age
- 80
- Relation
- Wife of
Plaintiffs Documents
Order 26 Rule 13 petition, Preliminary decree for partition
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.V.Sabir
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K.M.Shihab
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Division of property as per preliminary decree
Evidence:
The property having an extended of 9.88 cents along with house No.10/144 shown as Plot 1 in Ext.C2 sketch is alloted to the 1/2 share of petitioners.
Relief Type:
Partition
Outcome:
Granted
Description:
Division of property as per preliminary decree
Evidence:
The property having an extend of 9.88 cents along with House No.10/145 shown as Plot 2 in Ext.C2 sketch is alloted to the 1/2 share of respondents.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Unknown
Relevance:
Report submitted by Advocate Commissioner for effecting division of the decree schedule property.
Reference:
C1 - 28-3-2018 - Commission report submitted by Sri.Sreeraj.V., Advocate Commissioner
Document Type:
Commission Plan
Submitted By:
Unknown
Relevance:
Plan submitted by Advocate Commissioner for the division of the decree schedule property.
Reference:
C2 - 28-3-2018 - Commission plan submitted by Sri.Sreeraj.V., Advocate Commissioner
Case Classification
Case Type
Civil Suit - Partition
Category
Family Property and Partition
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Partition of property
Case Code
Case between Appu et al vs Unnikrishnan et al regarding partition of property
Case Code Year
Case between Appu et al vs Unnikrishnan et al regarding partition of property