Case Summary
G.Prasanth, the petitioner, is seeking a final decree for partition of property that originally belonged to his adoptive father. The respondent, K.P.Bhasi, is deceased, and the petitioner claims to be the sole legal heir entitled to the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Final decree of partition of property.
Case Type
Civil Suit
Final Judgment
No
The court granted the petitioner's request for a final decree of partition, allotting him the share of the property as prayed. The remaining portion of the property is to be excluded as it is in possession of a third party.
Why Plaintiff Won:
The court found sufficient evidence supporting the petitioner's claim as the sole legal heir.
The court found sufficient evidence supporting the petitioner's claim as the sole legal heir.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The learned commissioner identified the property as plot RSTAPR in C1(b). He also identified 0.59 ares of land in possession of a third party. Considering the facts and circumstances of the case, the parties are directed to bear their own costs of proceedings.
Judgment Evidence:
In the result, a final decree is passed in the following terms: 1.Plot RSTAPR shown in Ext.C1(b) plan is allotted to the share of the petitioner.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- G.Prasanth
- Party Age
- 37
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K.P.Bhasi
Plaintiffs Documents
Adoption Deed No. 105/1990, Certified copy of Preliminary Decree in OS No. 781/2015, Death certificate of K.R.Bhasi, Paper publication.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V.Vraj Mohan
- Appearance Type
- Main Counsel
- Party Role
- Court
- Advocate Name
- S.Anilkumar
- Appearance Type
- Assisting Counsel
- Party Role
- Court
- Advocate Name
- K.Radhakrishnan Nair
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The petitioner sought a final decree for partition and possession of the property.
Evidence:
In the result, a final decree is passed in the following terms: Plot RSTAPR shown in Ext.C1(b) plan is allotted to the share of the petitioner.
Documents & Evidence
Document Type:
Adoption Deed
Submitted By:
Plaintiff
Relevance:
This document proves the petitioner's legal adoption by K.R.Bhasi, establishing his claim to the property.
Reference:
Ext.A1
Document Type:
Preliminary decree
Submitted By:
Plaintiff
Relevance:
This document is the certified copy of the preliminary decree that grants the petitioner a 2/5 share in the property.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
This document confirms the death of K.R.Bhasi, supporting the petitioner's claim of being the sole legal heir.
Reference:
Ext.A3
Document Type:
Paper publication
Submitted By:
Plaintiff
Relevance:
This document serves as proof of the notice published to invite objections regarding the final decree application.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This document includes the commission report, mahazar, and plan, essential for the court's decision regarding property partition.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between G.Prasanth vs K.P.Bhasi regarding partition of property.
Case Code Year
Case between G.Prasanth vs K.P.Bhasi regarding partition of property.