Case Summary
Asiya, the second wife of deceased Abdul Majeed, filed a suit against his children from his first marriage for partition and permanent prohibitory injunction concerning property. The defendants allegedly threatened her to vacate the property she lived in after her husband's death.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A preliminary decree for partition and an injunction against the defendants.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, granting her a 1/8th share of the property and a permanent prohibitory injunction against the defendants from evicting her.
Why Plaintiff Won:
The court determined that the plaintiff is the lawful wife of Abdul Majeed and entitled to a share of the property as per Islamic law.
The court determined that the plaintiff is the lawful wife of Abdul Majeed and entitled to a share of the property as per Islamic law.
Losing Side's Weaknesses:
The court determined that the plaintiff is the lawful wife of Abdul Majeed and entitled to a share of the property as per Islamic law.
The court determined that the plaintiff is the lawful wife of Abdul Majeed and entitled to a share of the property as per Islamic law.
Supporting Evidence
On the perusal of the available records, it is seen that the plaintiff is the lawful wife of the deceased Abdul Majeed and there is no will executed in favour of any one regarding the plaint schedule property.
Judgment Evidence:
In the result, the suit decreed. A preliminary decree for partition is passed in the following terms. (i) The plaintiff is entitled to get 1/8th share over plaint schedule property by metes and bounds.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Asiya
- Party Age
- 44
- Relation
- W/o.Late Abdul Majeed
- Party Role
- Defendant
- Party Name
- Abdul Nafi
- Party Age
- 28
- Relation
- S/o. Abdul Majeed
- Party Role
- Defendant
- Party Name
- Ayisha Abdul Majeed
- Party Age
- 24
- Relation
- D/o. Abdul Majeed
Plaintiffs Documents
Certified copy of partition deed No. 2135/97, Certified copy of Order in OP(MMA) No 527/2015 of the Family Court, Kollam, Death Certificate of Abdul Majeed, Marriage Certificate.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Saju George
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- A.Salmath
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Nithya R.S.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restrains the defendants from forcefully evicting the plaintiff from the plaint schedule property
Evidence:
the defendants and their men are restrained from forcefully evicting the plaintiff from the plaint schedule property and from causing any obstruction to the plaintiff’s peaceful residence therein
Relief Type:
Partition
Outcome:
Granted
Description:
Grants the plaintiff 1/8th share over the plaint schedule property
Evidence:
the plaintiff is entitled to get 1/8th share over plaint schedule property by metes and bounds
Documents & Evidence
Document Type:
Certified Copy of Partition Deed
Submitted By:
Plaintiff
Relevance:
Proves the title of Abdul Majeed over the plaint schedule property
Reference:
Ext.A1
Document Type:
Certified copy of Order in OP(MMA)
Submitted By:
Plaintiff
Relevance:
Establishes the divorce of Abdul Majeed's first marriage
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Confirms the death of Abdul Majeed
Reference:
Ext.A3
Document Type:
Marriage Certificate
Submitted By:
Plaintiff
Relevance:
Validates the marriage between Abdul Majeed and the plaintiff
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Filed to provide details as part of the investigation into the case
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Partition
Case Code
Case between Asiya vs Abdul Nafi et al regarding partition and permanent prohibitory injunction
Case Code Year
Case between Asiya vs Abdul Nafi et al regarding partition and permanent prohibitory injunction