Case Summary
This case involves a partition of property among the plaintiff, Balan, and the defendants, including Kalyani and others. The court has passed a preliminary decree allowing the plaintiff to receive a share of the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition and separate possession of property shares.
Case Type
Civil Suit
Final Judgment
No
The court has ordered the partition of the property into 15 shares, with specific allocations to each party. The petitioner is entitled to 1/15 share.
Why Plaintiff Won:
The court recognized the plaintiff's entitlement to a share in the property as per the preliminary decree.
The court recognized the plaintiff's entitlement to a share in the property as per the preliminary decree.
Losing Side's Weaknesses:
The court recognized the plaintiff's entitlement to a share in the property as per the preliminary decree.
The court recognized the plaintiff's entitlement to a share in the property as per the preliminary decree.
Supporting Evidence
The court found that the plaint schedule property was measured and has been divided into 15 shares...
Judgment Evidence:
Thus, as per the preliminary decree for partition in the property, the plaintiff/petitioner taken out a commission and the Advocate Commissioner measured the property...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- BALAN
- Party Age
- 69
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- KALYANI
- Party Age
- 85
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- POKKI @ DEVI
- Party Age
- 74
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- NANU
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- JANU. A. P
- Party Age
- 68
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- GOURI
- Party Age
- 69
- Relation
- W/o
Plaintiffs Documents
Commission report, Surveyor Plan, Share Lists
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Ratheesh Kumar. K. K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. C. R. Biju
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The plaintiff is entitled to partition and separate possession of 1/15 share over the plaint schedule property.
Evidence:
the plaintiff is entitled to get partition and separate possession of 1/15 share over the plaint schedule property with metes and bounds.
Relief Type:
Possession
Outcome:
Granted
Description:
The first and second defendants are entitled to 5/15 share each.
Evidence:
defendants 1 and 2 are also entitled to get partition and separate possession of 5 share each over the plaint schedule property with metes and bounds.
Relief Type:
Possession
Outcome:
Granted
Description:
The third to sixth defendants are entitled to 1/15 share each.
Evidence:
defendants 3 to 6 are entitled to get partition and separate possession of one share each over the plaint schedule property with metes and bounds.
Relief Type:
Other
Outcome:
Granted
Description:
The petitioner is directed to produce stamp paper for their share value for engrossing the final decree.
Evidence:
Petitioner is directed to produce stamp paper for their share value for engrossing the final decree.
Relief Type:
Other
Outcome:
Granted
Description:
The parties are directed to give additional remuneration to the Advocate Commissioner.
Evidence:
the parties are directed to give additional remuneration of Rs.20,000/- to the Advocate commissioner with respect to their shares for the volume of work done by the Advocate commissioner.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The court utilized the commission report for measuring the property and determining shares.
Reference:
Ext.C1
Document Type:
Surveyor plan
Submitted By:
Court
Relevance:
The surveyor plan was referenced for allotting separate shares of the property.
Reference:
Ext.C2
Document Type:
Share List
Submitted By:
Court
Relevance:
The share list provided the details regarding the division of the property among the parties.
Reference:
Ext.C3 series
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
Case between BALAN vs KALYANI et al regarding partition of property
Case Code Year
Case between BALAN vs KALYANI et al regarding partition of property