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O.S. No. 181 of 2019

Case between Beena vs Siju.K.F et al regarding partition

Court
IN THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Smt. Rejani Thankappan
Order Date
2024-03-06
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff Beena is seeking partition of a property inherited from her father, Sri. Francis Pera, who died intestate. The defendants, her siblings, have refused to agree to the partition despite several requests.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed that the plaintiff is entitled to a 2/15 share of the plaint schedule property. The plaintiff is also entitled to future mesne profits and the costs of the suit.
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to 2/15 share of the plaint schedule property, future mesne profits, and costs of the suit from the defendants.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to a 2/15 share of the plaint schedule property. The plaintiff is also entitled to future mesne profits and the costs of the suit.
Why Plaintiff Won:
The plaint averments stand proved from the unrebutted evidence and the documents presented.
Losing Side's Weaknesses:
The plaint averments stand proved from the unrebutted evidence and the documents presented.
Supporting Evidence
From the unrebutted evidence of PW1 and from Exts.A1 and A2 documents the plaint averments stand proved.

Judgment Evidence:

In the result, suit is decreed as follows: A) The plaintiff is entitled to 2/15 share of the plaint schedule property. B) The plaintiff shall be entitled to future mesne profit also, hence the quantum of which shall be decided during the final decree proceedings. C) The plaintiff is also entitled to get the costs of the suit from the defendant.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Beena
Party Age
52
Party Role
Defendant
Party Name
Siju.K.F
Party Role
Defendant
Party Name
Martin K.F
Party Role
Defendant
Party Name
Aju
Party Role
Defendant
Party Name
Reena
Party Role
Defendant
Party Name
Baby
Plaintiffs Documents
Certified copy of Exchange Deed No. 2355/1996, Death certificate of K.F Francis
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sakhi Gopalan
Appearance Type
Main Counsel
Law Firm
Legal Aid counsel

Reliefs

Relief Type: Possession
Outcome: Granted
Description:
Entitled to 2/15 share of the plaint schedule property.
Evidence:
The plaintiff is entitled to 2/15 share of the plaint schedule property.
Relief Type: Recovery
Outcome: Granted
Description:
Entitled to future mesne profit.
Evidence:
The plaintiff shall be entitled to future mesne profit also.
Relief Type: Other
Outcome: Granted
Description:
Entitled to costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to get the costs of the suit from the defendant.

Documents & Evidence

Document Type: Certified copy of Exchange Deed
Submitted By: Plaintiff
Relevance:
Proved the plaintiff's entitlement to the property.
Reference:
Ext.A1
Document Type: Death Certificate
Submitted By: Plaintiff
Relevance:
Proved the death of K.F Francis which is relevant to the inheritance right.
Reference:
Ext.A2

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Beena vs Siju.K.F et al regarding partition
Case Code Year
Case between Beena vs Siju.K.F et al regarding partition

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Fri, 03/01/2024 - 12:00
To
Sun, 03/31/2024 - 12:00
Outcome Confidence
100%

Involved Entities

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