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
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.
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
Plaintiffs
Fathima (Age not specified years)
Nattuthottippara. Ozhoor Amsom, Ayyaya Desom, Tirur Taluk
Savad (Age not specified years)
Nattuthottippara. Ozhoor Amsom, Ayyaya Desom, Tirur Taluk
Haseena (22 years)
Nattuthottippara. Ozhoor Amsom, Ayyaya Desom, Tirur Taluk
Mirshad (Age not specified years)
Nattuthottippara. Ozhoor Amsom, Ayyaya Desom, Tirur Taluk
Defendants
Sainul Abid (Age not specified years)
Kalppurath House. Omachappuzha Amsom and Desom, Near Puthen Palli, Tirur Taluk
Abdul Jaleel (Age not specified years)
Kalppurath House. Omachappuzha Amsom and Desom, Near Puthen Palli, Tirur Taluk
Thithumma (Age not specified years)
Kalppurath House. Omachappuzha Amsom and Desom, Near Puthen Palli, Tirur Taluk
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