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O.S. No. 311 / 2022

Case between Devaki et al vs Padmakshi et al regarding partition

Court
II ADDITIONAL MUNSIFF, ERNAKULAM
Judge
Smt. Needi. K. Dinamany.
Order Date
2024-09-28
Duration
approximately-2 years 6 months

Judgement document from eCourt website

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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

Plaintiff Won
Interim Order
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.
Judgment Favored
Plaintiff
Relief Granted
Partition by metes and bounds into 9 equal shares
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs successfully proved their entitlement to a share in the property through unchallenged evidence.

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

Plaintiffs

Devaki (55 years) 8/727, Town Hall Road, Koovappadam, Mattanchery, Koovappadam Desom, Mattanchery Village, Kochi Taluk, Pin- 682002 Sindhu Premkumar (39 years) Elakkannan Parambil House, Poothotta P.O, Paravoor Desom, Manakunnam Village, Kanayannur Taluk, Pin- 682307

Defendants

Padmakshi (84 years) Elakkannan Parambil House, Poothotta P.O, Paravoor Desom, Manakunnam Village, Kanayannur Taluk, Pin- 682307 Sisupalan (56 years) Elakkannan Parambil House, Poothotta P.O, Paravoor Desom, Manakunnam Village, Kanayannur Taluk, Pin- 682307 Rajendran E A (52 years) Elakkannan Parambil House, Poothotta P.O, Paravoor Desom, Manakunnam Village, Kanayannur Taluk, Pin-682307 Sujatha Anilkumar (52 years) Erakku Kadavil House, Chemmanakary, Kulasekharamangalam Village and Post, Vaikom Taluk, Pin- 686608 Raji Vinod (48 years) Karuveli Parambil House, Pachalam P.O, Ernakulam, Pin- 682012

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

Quick Facts

Location
Case Filed
Tue, 03/01/2022 - 12:00
Outcome Confidence
95%

Involved Entities

Private Individual

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