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
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.
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.
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