Case Summary
The case involves a partition dispute among family members regarding a property. The plaintiff and defendants are seeking their respective shares based on a preliminary decree.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition of property and separate possession of shares.
Case Type
Final Decree Application
Final Judgment
No
The court ordered the partition of the plaint schedule property into four equal parts according to the preliminary decree.
Why Plaintiff Won:
The court adhered to the preliminary decree allowing the partition as per the commission report.
The court adhered to the preliminary decree allowing the partition as per the commission report.
Losing Side's Weaknesses:
The court adhered to the preliminary decree allowing the partition as per the commission report.
The court adhered to the preliminary decree allowing the partition as per the commission report.
Supporting Evidence
As per the discussions in the commission report and preliminary decree and judgment dated 19.09.2022, the parties are entitled to get their share over the plaint schedule property.
Judgment Evidence:
A final decree is passed as follows: The plaint schedule property is divided into 4 equal parts.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Devi. V. P
- Party Role
- Defendant
- Party Name
- Anil V. P
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Latha. V. P
- Party Age
- 53
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sunil V. P
- Party Age
- 51
- Relation
- S/o
Plaintiffs Documents
Preliminary decree dated 19.09.2022, Commission report filed by Adv. Krishnakumar. K.
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C. R. Biju
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Joy Jain
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The plaint schedule property is divided and possessed by the respective parties.
Evidence:
A final decree is passed as follows: The plaint schedule property is divided into 4 equal parts.
Relief Type:
Equity
Outcome:
Granted
Description:
Directing the petitioners to compensate the respondents towards the equity of shares.
Evidence:
The 1st petitioner has to give an amount of Rs.10,781.50/- to the 1st respondent and Rs.12,187.50/- to the 2nd respondent.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The Commission Report submitted by the Advocate Commissioner regarding the partition of the property.
Reference:
Ext.C1
Document Type:
Surveyor plan
Submitted By:
Court
Relevance:
The Surveyor Plan filed by the Advocate Commissioner which is integral to the property partition.
Reference:
Ext.C2
Document Type:
Valuation Report
Submitted By:
Court
Relevance:
Valuation Report of Plot A related to the property division.
Reference:
Ext.C2(a)
Document Type:
Valuation Report
Submitted By:
Court
Relevance:
Valuation Report of Plot B related to the property division.
Reference:
Ext.C2(b)
Document Type:
Valuation Report
Submitted By:
Court
Relevance:
Valuation Report of Plot C related to the property division.
Reference:
Ext.C2(c)
Document Type:
Valuation Report
Submitted By:
Court
Relevance:
Valuation Report of Plot D related to the property division.
Reference:
Ext.C2(d)
Document Type:
Share List
Submitted By:
Court
Relevance:
Share List No. 1 related to the property division.
Reference:
Ext.C2(e)
Document Type:
Share List
Submitted By:
Court
Relevance:
Share List No. 2 related to the property division.
Reference:
Ext.C2(f)
Document Type:
Share List
Submitted By:
Court
Relevance:
Share List No. 3 related to the property division.
Reference:
Ext.C2(g)
Document Type:
Share List
Submitted By:
Court
Relevance:
Share List No. 4 related to the property division.
Reference:
Ext.C2(h)
Document Type:
Share Equalisation Account
Submitted By:
Court
Relevance:
Share Equalisation Account related to the final decree.
Reference:
Ext.C2(i)
Document Type:
NJ Stamp Account
Submitted By:
Court
Relevance:
NJ Stamp Account related to the valuation for the final decree.
Reference:
Ext.C2(j)
Case Classification
Case Type
Final Decree Application
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
Case between Devi. V. P vs Anil V. P, Latha. V. P regarding partition of property.
Case Code Year
Case between Devi. V. P vs Anil V. P, Latha. V. P regarding partition of property.