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
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.
Judgment Evidence:
Therefore final decree is passed on the following conditions.
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 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)