Case Summary
Dan Varghese filed a petition for a final decree in a partition case concerning property shares. The court heard the petition and made the necessary orders regarding the division of the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition of property
Case Type
Final Decree
Final Judgment
No
The court ruled in favor of the plaintiff, granting partition of the property as per the preliminary decree. Specific portions of the property were allotted to each party.
Why Plaintiff Won:
The court found that the plaintiff was entitled to the specified shares of the property based on the preliminary decree.
The court found that the plaintiff was entitled to the specified shares of the property based on the preliminary decree.
Losing Side's Weaknesses:
The court found that the plaintiff was entitled to the specified shares of the property based on the preliminary decree.
The court found that the plaintiff was entitled to the specified shares of the property based on the preliminary decree.
Supporting Evidence
The court has appointed an Advocate commissioner for effecting partition of the property. Accordingly the Advocate commissioner has filed a report and plans making division of the plaint schedule properties among the parties.
Judgment Evidence:
In the result. final decree passed as follows; 1)The plaintiff is allotted ‘BCDEFGHILB’ as shown in C1(a) plan, having an extent of 5.26 Ares comprised in Resurvey No.292/7 in Block No.35 of Manarkadu Village in Kottayam Taluk.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Dan Varghese
- Party Age
- 31
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Giji Zacharia
- Party Age
- 55
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Anina Zacharia
- Party Age
- 28
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Vijayapuram Service Co-operative Bank
- Relation
- Represented by
Plaintiffs Documents
Petition for final decree, Advocate commission report
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Rajeev P Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The plaintiff was allotted a specific share of the property.
Evidence:
In the result, final decree passed as follows; 1) The plaintiff is allotted ‘BCDEFGHILB’ as shown in C1(a) plan.
Relief Type:
Possession
Outcome:
Granted
Description:
The second defendant was allotted a specific share of the property.
Evidence:
2) The 2nd defendant is allotted ‘ABLKMNA’ as shown in C1(a) plan.
Relief Type:
Other
Outcome:
Granted
Description:
A portion is set apart as a way for the common use of the plaintiff and the second defendant.
Evidence:
3) The portion shown as ‘KLIJ’ is set apart as a way for the common use of the plaintiff and the 2nd defendant.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The court accepted the Commission report for effecting partition of the property.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
The court accepted the plan for division of the plaint schedule properties.
Reference:
Ext.C1(a)
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
The court accepted the additional commission plan for the partition.
Reference:
Ext.C1(b)
Case Classification
Case Type
Final Decree
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Dan Varghese vs Giji Zacharia et al regarding final decree for partition of property
Case Code Year
Case between Dan Varghese vs Giji Zacharia et al regarding final decree for partition of property