Case Summary
Eldho P. Kuriakose filed a petition for a final decree seeking partition of a room by metes and bounds. The suit involves Eldho and the defendants who are found to have equal shares in the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court accepted the commission report for the partition of the property and issued a final decree allowing for the division of the property as per the shares outlined in the preliminary decree.
Why Plaintiff Won:
The court found that the partition should be done according to the shares assigned in the preliminary decree.
The court found that the partition should be done according to the shares assigned in the preliminary decree.
Losing Side's Weaknesses:
The court found that the partition should be done according to the shares assigned in the preliminary decree.
The court found that the partition should be done according to the shares assigned in the preliminary decree.
Supporting Evidence
On going through the commission report and the plan attached to the same, I could only find that, it is the more equitable manner of allotment by which more the parties are having road frontage in proportionate to their share allotted.
Judgment Evidence:
In the result, final decree is passed as follows: a) Plot No. A having an extent of 2.93 sq.meter in Ext. C1(a) plan is allotted to the share of the petitioner. b) Plot No. B having an extent of 5.87 sq.meter in Ext. C1(a) plan is allotted to the share of the respondents.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Eldho P. Kuriakose
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- P. K. Baby Varghese
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Joseph Kuriakose
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.K Jayapalan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.M Alias
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P.V. Shiji
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Final decree passed for partitioning the property by metes and bounds.
Evidence:
the final decree is hereby passed as follows:- a). Plot No. A having an extent of 2.93 sq.meter in Ext. C1(a) plan is allotted to the share of the petitioner.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The commission report was accepted and became part of the final decree.
Reference:
Ext. C1 and C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Case Code
Case between Eldho P. Kuriakose vs P. K. Baby Varghese et al regarding partition of property
Case Code Year
Case between Eldho P. Kuriakose vs P. K. Baby Varghese et al regarding partition of property