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Original Suit No. 169 OF 2018

Case between Chakkaliparambil Koya's children vs Musthafa regarding partition

Court
COURT OF THE MUNSIFF OF TIRUR
Judge
Sri. Jankish Narayanan
Order Date
2019-10-31
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Chakkaliparambil Koya's children are seeking a partition of the property originally belonging to their father, Chakkaliparambil Koya. The defendant Musthafa has opted to remain exparte in this suit.

Judgment Outcome

Plaintiff Won
Interim Order
The court has decreed the suit for partition, allowing the plaintiffs to obtain equal shares in the specified properties.
Judgment Favored
Plaintiff
Relief Granted
A preliminary decree for partition is passed with a division of the properties into equal shares.
Case Type
Civil Suit
Final Judgment
No
The court has decreed the suit for partition, allowing the plaintiffs to obtain equal shares in the specified properties.
Why Plaintiff Won:
The plaintiffs proved their case with cogent and reliable evidence, as the defendant remained exparte.
Losing Side's Weaknesses:
The plaintiffs proved their case with cogent and reliable evidence, as the defendant remained exparte.
Supporting Evidence
The plaintiffs are entitled to get ¼ share each in the plaint B, C and D schedule properties. Since the defendant remained ex parte, the evidence adduced by the plaintiffs remained unchallenged.

Judgment Evidence:

In the result, the suit is decreed and a preliminary decree for partition is passed as follows: The plaint B, C and D schedule properties shall be divided into 4 equal shares by metes and bounds.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Naseera
Party Age
30
Relation
W/o
Party Role
Plaintiff
Party Name
Shareefa
Party Age
23
Relation
W/o
Party Role
Defendant
Party Name
Musthafa
Party Age
22
Relation
S/o
Plaintiffs Documents
Certified Copy of Partition Deed No.1356/1991, Certified Copy of Hjenm Assignment Deed No.1485/1998, Certified Copy of Jenm Assignment Deed No.1234/1999, Copy of Lawyer Notice.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. V. Chandrasekharan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri. K. Vipin
Appearance Type
Main Counsel

Reliefs

Relief Type: Partition
Outcome: Granted
Description:
A preliminary decree for partition of properties is granted.
Evidence:
Hence the plaintiffs are entitled to get a decree as prayed for.

Documents & Evidence

Document Type: Partition Deed
Submitted By: Plaintiff
Relevance:
Document demonstrating the ownership of the property by the father of plaintiffs and the defendant.
Reference:
Ext.A1
Document Type: Hjenm Assignment Deed
Submitted By: Plaintiff
Relevance:
Document establishing the assignment of property from the father of plaintiffs and the defendant.
Reference:
Ext.A2
Document Type: Jenm Assignment Deed
Submitted By: Plaintiff
Relevance:
Document showing the legal transfer of property ownership.
Reference:
Ext.A3
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Notice indicating the plaintiffs' claims regarding partition.
Reference:
Ext.A4

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Chakkaliparambil Koya's children vs Musthafa regarding partition
Case Code Year
Case between Chakkaliparambil Koya's children vs Musthafa regarding partition

Quick Facts

Location
Tirur Taluk
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Case Closed
From
Tue, 10/01/2019 - 12:00
To
Thu, 10/31/2019 - 12:00
Outcome Confidence
90%

Involved Entities

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