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
Judgment Favored
Plaintiff
Relief Granted
Final decree for partition of property as per the modified preliminary decree.
Case Type
Partition Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs successfully proved their entitlement to a share in the property based on the preliminary decree and the commission report.
The plaintiffs successfully proved their entitlement to a share in the property based on the preliminary decree and the commission report.
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
Plaintiffs
Babu (Age not specified years)
Mankudiyil House, Mulankuzhi Kara, Malayattoor Village, Aluva Taluk
Ealikutty (Age not specified years)
Kuthuparackal House, Mulankuzhi Kara, Malayattoor Village, Aluva Taluk
Annakutty (Age not specified years)
Kudiyiruthyil House, Ramapuram Bazar P O, Ramapuram Kara, Velliapilly Village, Meenachil Taluk
Bimi Babu (Age not specified years)
Kandrachiyil House, Alppara Post, Kannikkuzhy Village, Idukki Taluk
Joy (Age not specified years)
Molekkudiyil House, Karukutty Kara, Karukutty Village, Aluva
Defendants
Abraham (Age not specified years)
Ariyampurathu House, Kadamattom Kara, Aikkaranadu North Village, Kunnathunadu Taluk
Paulose @ Mathai (Age not specified years)
Mankudiyil House, Mulankuzhi Kara, Malayattoor Village, Aluva Taluk
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)