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FDA No 87/2019 in OS. No. 61/2014

Case between Babu et al vs Abraham et al regarding partition of property

Court
COURT OF THE MUNSIFF KOLENCHERY
Judge
Smt. Sirsha N A
Order Date
2024-03-15
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves a petition for a final decree regarding the partition of a property. The plaintiffs are seeking their share of the property, challenging the earlier decree passed in favor of the defendants.

Judgment Outcome

Plaintiff Won
Interim Order
The court has passed a final decree for partitioning the property among the parties. The decree outlines the specific shares allotted to each party.
Judgment Favored
Plaintiff
Relief Granted
Final decree for partition of property as per the modified preliminary decree.
Case Type
Partition Suit
Final Judgment
No
The court has passed a final decree for partitioning the property among the parties. The decree outlines the specific shares allotted to each party.
Why Plaintiff Won:
The plaintiffs successfully proved their entitlement to a share in the property based on the preliminary decree and the commission report.
Losing Side's Weaknesses:
The plaintiffs successfully proved their entitlement to a share in the property based on the preliminary decree and the commission report.
Supporting Evidence
The physical partition and the demarcation of respective shares effected by the Adv. Commissioner and the surveyor and the valuation made by the commissioner is only to be accepted.

Judgment Evidence:

Therefore final decree is passed on the following conditions. a) The A plot in the Ext C2(a) plan is hereby declared and allotted as the share of the first respondent / defendant.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Babu
Relation
S/o
Party Role
Plaintiff
Party Name
Ealikutty
Relation
W/o
Party Role
Plaintiff
Party Name
Annakutty
Relation
W/o
Party Role
Plaintiff
Party Name
Bimi Babu
Relation
W/o
Party Role
Plaintiff
Party Name
Joy
Relation
S/o
Party Role
Defendant
Party Name
Abraham
Relation
S/o
Party Role
Defendant
Party Name
Paulose @ Mathai
Plaintiffs Documents
Defendants Documents
Ext.B1 to Ext.B6: Various documents including possession certificate and encumbrance certificate.

Advocates

Party Role
Plaintiff
Advocate Name
Babu T Cherian
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Joy C Paul
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Pavana N U
Appearance Type
Main Counsel

Reliefs

Relief Type: Possession
Outcome: Granted
Description:
Final decree passed on the partition of the property.
Evidence:
Therefore final decree is passed on the following conditions.
Relief Type: Possession
Outcome: Granted
Description:
Allocation of specific plots to each respective party as part of the final decree.
Evidence:
The A plot in the Ext C2(a) plan is hereby declared and allotted as the share of the first respondent / defendant.
Relief Type: Possession
Outcome: Granted
Description:
Further allocations specified for the remaining plaintiffs.
Evidence:
The B plot in the Ext C2(a) plan is hereby declared and allotted as the share of the 5th petitioner/ 6th plaintiff.
Relief Type: Possession
Outcome: Granted
Description:
Final allocations concerning the other plaintiffs were established.
Evidence:
The C plot in the Ext C2(a) plan is hereby declared and allotted as the share of the petitioners 1 to 4/ plaintiffs 2 to 5 and second respondent/1st plaintiff.

Documents & Evidence

Document Type: Certified copy of Pledge deed
Submitted By: Defendant
Relevance:
Used by the defendant to establish ownership or rights related to the property.
Reference:
Ext.B1
Document Type: Possession Certificate
Submitted By: Defendant
Relevance:
Demonstrates the defendant's claim of possession of the property.
Reference:
Ext.B2
Document Type: Location plan
Submitted By: Defendant
Relevance:
Provides a visual layout of the property in context to the legal arguments.
Reference:
Ext.B3
Document Type: No Objection Certificate
Submitted By: Defendant
Relevance:
Indicates compliance with local regulations affecting the property.
Reference:
Ext.B4
Document Type: Encumbrance certificate
Submitted By: Defendant
Relevance:
Details any encumbrances on the property that may affect ownership.
Reference:
Ext.B5
Document Type: Tax receipt
Submitted By: Defendant
Relevance:
Serves as evidence of the defendant's ongoing financial responsibility for the property.
Reference:
Ext.B6
Document Type: Commission Report
Submitted By: Court
Relevance:
Based on the findings regarding the property for the final decree.
Reference:
Ext.C1
Document Type: Survey Plan
Submitted By: Court
Relevance:
Illustrates the divisions of the property as per the court's order.
Reference:
Ext.C1(a)
Document Type: Valuation certificate
Submitted By: Court
Relevance:
Affects the assessment of property value in relation to the final decree.
Reference:
Ext.C1(b)
Document Type: Commission Report
Submitted By: Court
Relevance:
Substantiates the findings regarding property division for the final decree.
Reference:
Ext.C2
Document Type: Survey Plan
Submitted By: Court
Relevance:
Serves as a visual guide for the final decree regarding property allottment.
Reference:
Ext.C2(a)

Case Classification

Case Type
Partition Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Case Code
Case between Babu et al vs Abraham et al regarding partition of property
Case Code Year
Case between Babu et al vs Abraham et al regarding partition of property

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Case Filed
Case Closed
From
Fri, 03/01/2024 - 12:00
To
Sat, 03/30/2024 - 12:00
Outcome Confidence
80%

Involved Entities

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