Case Summary
Francis Jesudas filed a case for partition and separate possession of property against Christina Helen and others. The court reviewed the preliminary decree and granted a final decree allotting shares of the property to each party.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Separate shares of the property as per the final decree
Case Type
Civil Suit
Final Judgment
No
The court ordered the partition of the property and allotted specific shares to the plaintiff and the counter petitioners as per the commission report. The properties were divided equally among the parties involved.
Why Plaintiff Won:
The court followed the preliminary decree which granted partition of the plaint schedule property.
The court followed the preliminary decree which granted partition of the plaint schedule property.
Losing Side's Weaknesses:
The court followed the preliminary decree which granted partition of the plaint schedule property.
The court followed the preliminary decree which granted partition of the plaint schedule property.
Supporting Evidence
The allotment has been made in a fair and proper manner with due regard to the beneficial enjoyment of the properties providing road access to all the parties.
Judgment Evidence:
Thus, based on the preliminary decree passed and the commission report prepared in this case and upon hearing the learned counsel for the petitioners in both applications, it is found that a final decree allotting the shares of the petitioner and counter petitioners two and three can be passed and the same is accordingly done as follows.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Francis Jesudas
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Christina Helen
- Party Age
- 57
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Lilly Sujatha
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Karuna Deepti
- Relation
- D/o
Plaintiffs Documents
Preliminary decree dated 31/10/2022, Commission report dated 08.06.2025
Defendants Documents
Commission report dated 08.06.2025, Plan dated 08.06.2025
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Vishnu.S.Panickar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Aswin Balachandran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Seeking separate possession of the 1/4th share of the plaint schedule property.
Evidence:
the petitioner herein, is entitled to seek the passing of final decree allotting 1/4th share of the plaint schedule property after partitioning the same by metes and bounds and recovery of possession of the same.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The commission report provided the means for the final decree as it detailed the measurement and division of the plaint schedule property.
Reference:
Ext.C1
Document Type:
Plan
Submitted By:
Court
Relevance:
The plan detailed the allotment of shares in the property and was relied upon by the Advocate Commissioner in his report.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Partition
Case Code
OS
Case Code Year
2017