Case Summary
The case involves a partition of property among multiple plaintiffs and a defendant. The plaintiffs are challenging the defendant's claim over the shared property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Final decree for partitioning the property as per the shares mentioned.
Case Type
Final Decree Application
Final Judgment
No
The court passed a final decree based on the modified preliminary decree for partitioning the property among the parties. The shares were outlined for both parties.
Why Plaintiff Won:
The plaintiffs successfully demonstrated their entitlement to significant shares in the property as per the preliminary decree.
The plaintiffs successfully demonstrated their entitlement to significant shares in the property as per the preliminary decree.
Losing Side's Weaknesses:
The plaintiffs successfully demonstrated their entitlement to significant shares in the property as per the preliminary decree.
The plaintiffs successfully demonstrated their entitlement to significant shares in the property as per the preliminary decree.
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.
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
Certified copy of Pledge deed No. 2138/1124 ME of SRO Puthencruz, Possession certificate issued by Village Office, Aikkaranadu North, Location plan issued by Village Office, Aikkaranadu North, No Objection certificate issued by Aikkaranadu Grama Panchayath, Encumbrance certificate issued by Village Office, Aikkaranadu North, Tax Receipt issued by Aikkaranadu Grama Panchayath.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Babu T Cherian
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M/s. Joy C Paul & Adv. Pavana N U
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Final decree for partitioning the property and granting respective shares.
Evidence:
Therefore final decree is passed on the following conditions.
Relief Type:
Possession
Outcome:
Granted
Description:
Allocation of specific plots as per 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.
Documents & Evidence
Document Type:
Certified copy of Pledge deed
Submitted By:
Defendant
Relevance:
Document showing the pledge of property.
Reference:
Ext.B1
Document Type:
Possession Certificate
Submitted By:
Defendant
Relevance:
Certificate showing possession of the property as issued by the Village Office.
Reference:
Ext.B2
Document Type:
Location plan
Submitted By:
Defendant
Relevance:
Plan depicting the location of the property issued by the Village Office.
Reference:
Ext.B3
Document Type:
No Objection Certificate
Submitted By:
Defendant
Relevance:
Certificate issued by Aikkaranadu Grama Panchayat indicating no objections.
Reference:
Ext.B4
Document Type:
Encumbrance certificate
Submitted By:
Defendant
Relevance:
Certificate showing the encumbrances on the property from the Village Office.
Reference:
Ext.B5
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Receipt for tax payment issued by Aikkaranadu Grama Panchayat.
Reference:
Ext.B6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report prepared by Advocate Commissioner regarding the physical partition.
Reference:
Ext.C1
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
Survey plan prepared by Taluk Surveyor related to the property.
Reference:
Ext.C1(a)
Document Type:
Valuation certificate
Submitted By:
Court
Relevance:
Certificate for valuation of the residential building.
Reference:
Ext.C1(b)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Second commission report prepared by Advocate Commissioner.
Reference:
Ext.C2
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
Second survey plan prepared by Taluk Surveyor related to the partition.
Reference:
Ext.C2(a)
Case Classification
Case Type
Final Decree Application
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Partition of property
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