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OS No. 05/2022

Case between Greeshma Devi vs Sudha Devi, Kristhudas regarding partition

Court
COURT OF THE MUNSIFF KOLENCHERY
Judge
Smt. Sirsha N A
Order Date
2024-02-21
Duration
Case Closed
Wed, 02/21/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Greeshma Devi, the plaintiff, is seeking a partition of property inherited from her deceased father P K Bharathan. The defendants are his second wife and son, who currently reside in the property.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the partition of the plaint schedule property, awarding Greeshma Devi a 1/3 share and the defendants a 2/3 share.
Judgment Favored
Plaintiff
Relief Granted
Decree of partition of the plaint schedule property by metes and bounds
Case Type
Civil Suit
Final Judgment
No
The court decreed the partition of the plaint schedule property, awarding Greeshma Devi a 1/3 share and the defendants a 2/3 share.
Why Plaintiff Won:
The plaintiff proved her entitlement to a share of the property based on the evidence presented.
Losing Side's Weaknesses:
The plaintiff proved her entitlement to a share of the property based on the evidence presented.
Supporting Evidence
According to the plaintiff, the plaint schedule property is partiable and the plaintiff is entitled to get 1/3 share of the plaint schedule property. In the absence of any contra evidence, I believe that plaintiff is entitled to get 1/3 share of the plaint schedule property.

Judgment Evidence:

In the result, suit is decreed as follows: a) The plaintiff is entitled to get a decree of partition of the plaint schedule property by metes and bounds by allotting 1/3 share of the plaint schedule property to the plaintiff by actual division.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Greeshma Devi
Party Age
35
Relation
W/o
Party Role
Defendant
Party Name
Sudha Devi
Relation
W/o
Party Role
Defendant
Party Name
Kristhudas
Relation
S/o
Plaintiffs Documents
Certified copy of Purchase Deed No.9345/2007 of SRO, Puthencruz
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Vinu Sasidharan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Anila.K
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Prasad.P.George
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Ajitha Appu
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Partition
Outcome: Granted
Description:
Decree of partition of the plaint schedule property by allotting 1/3rd share to the plaintiff.
Evidence:
In the result, suit is decreed as follows :- a)The plaintiff is entitled to get a decree of partition of the plaint schedule property by metes and bounds by allotting 1/3rd share of the plaint schedule property to the plaintiff by actual division.

Documents & Evidence

Document Type: Purchase Deed
Submitted By: Plaintiff
Relevance:
Certified copy of Purchase Deed establishing ownership of the plaint schedule property.
Reference:
Ext.A1

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Partition
Case Code
Case between Greeshma Devi vs Sudha Devi, Kristhudas regarding partition
Case Code Year
Case between Greeshma Devi vs Sudha Devi, Kristhudas regarding partition

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Case Filed
Sat, 01/01/2022 - 12:00
Case Closed
Wed, 02/21/2024 - 12:00
From
Thu, 02/01/2024 - 12:00
To
Thu, 02/29/2024 - 12:00
Outcome Confidence
80%

Involved Entities

Private Individual

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