Case Summary
Babu Chandhar, represented by his wife and attorney Syamala, filed a petition for a final decree for partition involving his mother and siblings. The case pertains to the division of property as per a preliminary decree originally issued in 2018.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Final decree for partition of the property.
Case Type
Civil Suit
Final Judgment
No
The court accepted the commissioner’s reports and ordered a final decree for partition, allotting 1/4th share to the petitioner as per the preliminary decree. The petitioner is required to produce non-judicial stamp paper for the market value of the share.
Why Plaintiff Won:
The partition was deemed just and equitable based on the commissioner's findings.
The partition was deemed just and equitable based on the commissioner's findings.
Losing Side's Weaknesses:
The partition was deemed just and equitable based on the commissioner's findings.
The partition was deemed just and equitable based on the commissioner's findings.
Supporting Evidence
I have perused the preliminary decree passed in this case and the commission report, mahazar and plan prepared by the advocate commissioner. I am satisfied that the commissioner has effected partition of the preliminary decree schedule properties in terms with the preliminary decree passed in this case.
Judgment Evidence:
In the result, a final decree is passed in the following terms: 1.Plot OPQRSTNO in Ext. C1(c) plan is separated and allotted to the shares of the plaintiff over the plaint schedule property mentioned in preliminary decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Babu Chandhar
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sarada Chandhatty
- Party Age
- 84
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Omana Chandhatty
- Party Age
- 62
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sasidharan Chandhar
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rema Chandhatty
- Party Age
- 52
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Latha Chandhatty
- Party Age
- 48
- Relation
- D/o
Plaintiffs Documents
Affidavit in support of IA, Preliminary decree dated 21/12/2018.
Defendants Documents
Objection to commission report.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.P.N.Dilardeep
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Final decree separating 1/4th share of the petitioner over the plaint schedule properties.
Evidence:
In the result, a final decree is passed in the following terms: Plot OPQRSTNO in Ext. C1(c) plan is separated and allotted to the shares of the plaintiff over the plaint schedule property mentioned in preliminary decree.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Accepted as evidence for the preparation and partition of properties as per the court's preliminary decree.
Reference:
Ext.C1 series
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Accepted as evidence for additional assessment of properties following remittance back to the commissioner.
Reference:
Ext.C2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Partition
Case Code
OS.NO.
Case Code Year
2013