Case Summary
The plaintiff Gopakumari and the defendants, who are her siblings, are involved in a dispute over the partition of inherited property belonging to their deceased mother, Lakshmi. The suit seeks a decree for partition as the plaintiff claims that the defendants, particularly D1, have not managed the property correctly.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaint B schedule property shall be divided into 5 equal shares by metes and bounds.
Case Type
Original Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering that the property be divided into five equal shares. Each party is entitled to one share.
Why Plaintiff Won:
The property is clearly partible as the defendants admitted the title and the shares.
The property is clearly partible as the defendants admitted the title and the shares.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
There is no dispute with respect to the partibility of the property. Derivation of title and shares are also admitted.
Judgment Evidence:
In the result, the suit is decreed and the preliminary decree is passed as follows: I. The plaint B schedule property shall be divided into 5 equal shares by metes and bounds.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Gopakumari
- Party Age
- 50
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Gopalan
- Party Age
- 68
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kalyani
- Party Age
- 66
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Shanmughan
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rajan
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Certified copy of Jenm Assignment Deed
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Dinesh Pookkayil
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.P.Sreehari.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.P.Praveen
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.Sumi.O
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Decree of partition for the B schedule property.
Evidence:
Therefore, the plaintiff is entitled to get a decree of partition as prayed for.
Documents & Evidence
Document Type:
Certified Copy of Jenm Assignment deed
Submitted By:
Plaintiff
Relevance:
This document is used to establish the title of the property originally belonging to Lakshmi, mother of the plaintiff and defendants.
Reference:
Ext.A1
Document Type:
Certified Copy of Jenm Assignment deed
Submitted By:
Plaintiff
Relevance:
This document is used to show that item No. 2 in the B schedule property belongs to Lakshmi and the plaintiff and defendants jointly.
Reference:
Ext.A2
Case Classification
Case Type
Original Suit
Category
Property and Possession Disputes
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Gopakumari vs Gopalan et al regarding Partition
Case Code Year
Case between Gopakumari vs Gopalan et al regarding Partition