Case Summary
The plaintiffs, Devaki and Sindhu Premkumar, are seeking a partition of the jointly owned property inherited from their family. The defendants, including Padmakshi and others, are the relatives of the plaintiffs and reside in the disputed property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition by metes and bounds into 9 equal shares
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit for partition, granting the plaintiffs their share of the property as claimed. The defendants were also allotted their respective shares according to their entitlement.
Why Plaintiff Won:
The plaintiffs successfully proved their entitlement to a share in the property through unchallenged evidence.
The plaintiffs successfully proved their entitlement to a share in the property through unchallenged evidence.
Losing Side's Weaknesses:
The plaintiffs successfully proved their entitlement to a share in the property through unchallenged evidence.
The plaintiffs successfully proved their entitlement to a share in the property through unchallenged evidence.
Supporting Evidence
On perusing plaint and documents produced, I am satisfied that the plaint claim stands proved through the unchallenged evidence on record.
Judgment Evidence:
In the result, the suit is decreed and a preliminary decree of partition is passed as given under 1)The plaint schedule property is ordered to be partitioned by metes and bounds into 9 equal shares.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Devaki
- Party Age
- 55
- Relation
- D/o late Lakshmanan
- Party Role
- Plaintiff
- Party Name
- Sindhu Premkumar
- Party Age
- 39
- Relation
- D/o late Savithri
- Party Role
- Defendant
- Party Name
- Padmakshi
- Party Age
- 84
- Relation
- W/o late Lakshmanan
- Party Role
- Defendant
- Party Name
- Sisupalan
- Party Age
- 56
- Relation
- S/o late Lakshmanan
- Party Role
- Defendant
- Party Name
- Rajendran E A
- Party Age
- 52
- Relation
- S/o late Arjunan
- Party Role
- Defendant
- Party Name
- Sujatha Anilkumar
- Party Age
- 52
- Relation
- D/o late Arjunan
- Party Role
- Defendant
- Party Name
- Raji Vinod
- Party Age
- 48
- Relation
- D/o late Arjunanan
Plaintiffs Documents
Ext.A1 is the photocopy of sale deed No. 1094/1972 of Tripunithura SRO.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- C K Govindan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- L P Aravindakshan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Decree for partition of the plaint schedule property by metes and bounds into 9 equal shares.
Evidence:
In the result, the suit is decreed and a preliminary decree of partition is passed as given under 1)The plaint schedule property is ordered to be partitioned by metes and bounds into 9 equal shares.
Relief Type:
Possession
Outcome:
Granted
Description:
Plaintiffs are entitled for separate possession of their share.
Evidence:
Plaintiffs are entitled for separate possession of their share and is allowed to file application for passing of final decree.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Photocopy of sale deed No. 1094/1972 showing joint purchase of 18 cents property with buildings.
Reference:
Ext.A1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report detailing the lie and nature of the plaint schedule property.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Partition
Case Code
Case between Devaki et al vs Padmakshi et al regarding partition
Case Code Year
Case between Devaki et al vs Padmakshi et al regarding partition