Case Summary
Edward.S is the plaintiff seeking a final decree of partition for property. The respondents are his brothers, and they have not filed any objections.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Final decree of partition of the property
Case Type
Civil Suit
Final Judgment
No
The court granted the plaintiff a final decree of partition as per the preliminary decree, allowing him to obtain 5/8th share of the property.
Why Plaintiff Won:
The plaintiff was entitled to a larger share as per the preliminary decree.
The plaintiff was entitled to a larger share as per the preliminary decree.
Losing Side's Weaknesses:
The plaintiff was entitled to a larger share as per the preliminary decree.
The plaintiff was entitled to a larger share as per the preliminary decree.
Supporting Evidence
The plaintiff is entitled to get 5/8th share over the plaint schedule property.
Judgment Evidence:
Hence the petition filed for separation of 5/8th share over the plaint schedule properties.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Edward.S
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mentaz.S
- Party Age
- 73
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vincent.S
- Party Age
- 71
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Antony.S
- Party Age
- 63
- Relation
- S/o
Plaintiffs Documents
Commission Report prepared and submitted by Adv.Shinu.B, Mahazar prepared and submitted by Adv. Shinu.B, Survey plan prepared and submitted by Surveyor Rakhimol.L
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- R.Babu Sanker
- Appearance Type
- Main Counsel
- Party Role
- Court
- Advocate Name
- Shinu.B
- Appearance Type
- Main Counsel
- Party Role
- Court
- Advocate Name
- Rakhimol.L
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Final decree of partition granted by allotting property to the plaintiff.
Evidence:
The plaintiff is allotted property shown in letters HIJOPQUH in C schedule property in partition deed.
Documents & Evidence
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
The court accepted the Commissioner's report for partition.
Reference:
Ext.C1
Document Type:
Mahazar
Submitted By:
Court
Relevance:
The mahazar was prepared and accepted for the partition of the property.
Reference:
Ext.C1(a)
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
The survey plan was used to detail the partition of the sharable property.
Reference:
Ext.C1(b)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Edward.S vs Mentaz.S et al regarding partition of property
Case Code Year
Case between Edward.S vs Mentaz.S et al regarding partition of property