Case Summary
The petitioners consist of Fathima and Azeez's children who filed for a final decree of partition concerning the B schedule property owned by Kalppurath Azeez. The respondents are Kalppurath Azeez's children, who are also involved in the partition dispute.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Final decree for partition passed, properties ordered to be divided into equal shares.
Case Type
Civil Suit
Final Judgment
No
The petitioners' prayer for a final decree of partition was allowed, and the properties were ordered to be divided into shares according to the Advocate Commissioner's report.
Why Plaintiff Won:
The Advocate Commissioner effectively divided the property in accordance with the preliminary decree.
The Advocate Commissioner effectively divided the property in accordance with the preliminary decree.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Since Advocate Commissioner effected division of the property in an equitable manner in tune with the preliminary decree, I hold a view that Ext.C1 report and C2 plan can be accepted and final decree for partition can be passed.
Judgment Evidence:
In the result, the petition is allowed and final decree for partition is passed as follows: i. The plaint B schedule properties shall be divided into 432 (Four hundred and thirty four) equal shares by metes and bounds.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Fathima
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Savad
- Relation
- Child
- Party Role
- Plaintiff
- Party Name
- Haseena
- Party Age
- 22
- Relation
- Child
- Party Role
- Plaintiff
- Party Name
- Mirshad
- Relation
- Child
- Party Role
- Defendant
- Party Name
- Sainul Abid
- Relation
- Child
- Party Role
- Defendant
- Party Name
- Abdul Jaleel
- Relation
- Child
- Party Role
- Defendant
- Party Name
- Thithumma
- Relation
- W/o
Plaintiffs Documents
Ext. C1 report and C2 plan
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M.A. Ismail
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.E.C.Suresh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.T.Ali Hassan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Final decree for partition as prayed for by the petitioners.
Evidence:
I hold a view that Ext.C1 report and C2 plan can be accepted and final decree for partition can be passed.
Relief Type:
Other
Outcome:
Granted
Description:
Equalization of shares among the parties.
Evidence:
Petitioners shall pay an amount of Rs. 1,220/- to the 1st respondent, Rs.3320/ to the 2nd respondent and Rs.536/- to the 3rd respondent respectively, towards equalisation of shares.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The report submitted by the Advocate Commissioner detailing the measurement and valuation of the property available for partition.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
The plan submitted by the Advocate Commissioner outlining the plots to be allotted to the parties.
Reference:
Ext.C2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Fathima et al vs Sainul Abid et al regarding partition
Case Code Year
Case between Fathima et al vs Sainul Abid et al regarding partition