Case Summary
The plaintiffs, children of deceased individuals, filed a suit for partition of property against the children of another deceased individual. The court decreed in favor of the plaintiffs and passed a preliminary decree for partition.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Preliminary Decree for Partition
Case Type
Partition Suit
Final Judgment
No
The court decreed in favor of the plaintiffs and passed a preliminary decree for partition of the property.
Why Plaintiff Won:
Plaintiffs proved their case with cogent and reliable evidence, remaining unchallenged due to defendant's absence.
Plaintiffs proved their case with cogent and reliable evidence, remaining unchallenged due to defendant's absence.
Losing Side's Weaknesses:
Plaintiffs proved their case with cogent and reliable evidence, remaining unchallenged due to defendant's absence.
Plaintiffs proved their case with cogent and reliable evidence, remaining unchallenged due to defendant's absence.
Supporting Evidence
Plaintiffs's evidence remained unchallenged as defendants opted to remain exparte.
Judgment Evidence:
Marakkar is presumed to be dead and the suit is decreed. Preliminary decree for partition is passed as outlined.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Children of deceased Mavumkunnath Beerankutty Muhammadali
- Party Age
- 68
- Relation
- Children of
- Party Role
- Defendant
- Party Name
- Children of deceased Mavumkunnath Beerankutty Haneefa
- Party Age
- 63
- Relation
- Children of
Plaintiffs Documents
Partition Deed dated 23-04-1955
Defendants Documents
Not provided
Advocates
Reliefs
Relief Type:
Partition
Outcome:
Preliminary Decree
Description:
Partition of the plaint A schedule property into distinct shares among the plaintiffs and defendants.
Evidence:
Plaintiffs proved their entitlement to respective shares through a partition deed and cogent evidence.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Partition deed dated 23-04-1955 supporting the plaintiffs' entitlement to specified shares.
Reference:
A1
Case Classification
Case Type
Partition Suit
Category
Family Property and Partition
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Children et al vs Children et al regarding partition
Case Code Year
Case between Children et al vs Children et al regarding partition