Case Summary
Hemanth Kumar.P filed a petition seeking final decree for partition of properties after a preliminary decree was passed. The respondents remained ex-parte during the proceedings.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Final decree for partition and payment of Rs.58,197/- as owelty.
Case Type
Partition
Final Judgment
No
The court passed a final decree for partition of the properties, allotting specific plots to both the petitioner and the respondents. The respondents are required to pay a sum as owelty to the petitioner.
Why Plaintiff Won:
The court accepted the Commissioner's report and plan which were unopposed by the petitioner.
The court accepted the Commissioner's report and plan which were unopposed by the petitioner.
Losing Side's Weaknesses:
The court accepted the Commissioner's report and plan which were unopposed by the petitioner.
The court accepted the Commissioner's report and plan which were unopposed by the petitioner.
Supporting Evidence
Hence, I find that the Commissioner’s report and plan can be taken into account for the purpose of passing final decree.
Judgment Evidence:
In the result, a final decree is passed as follows. 1. Plot A and A1 shown in Ext.C1(a) plan is allotted to the share of the petitioner. 2. Plot B and B1 consisting of a house shall be allotted to the share of the respondents on payment of requisite court fee.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Hemanth Kumar.P
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K.P.Leela
- Party Age
- 80
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Hemalatha V
- Party Age
- 57
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Hemavathi P
- Party Age
- 55
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Hemamalini P
- Party Age
- 53
- Relation
- D/o
Plaintiffs Documents
Nil
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Razal Rahman V
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. V.P. Radhakrishnan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Final decree passed for the allotment of property.
Evidence:
In the result, a final decree is passed as follows.
Relief Type:
Damages
Outcome:
Granted
Description:
Respondents shall pay Rs.58,197/- to the petitioner as owelty.
Evidence:
The respondents shall pay Rs.58,197/- to the petitioner as owelty.
Relief Type:
Other
Outcome:
Granted
Description:
A charge over plot B and B1 until owelty amount is paid.
Evidence:
There shall be a charge over plot B and B1 until owelty amount is paid to the petitioner.
Relief Type:
Other
Outcome:
Not Decided
Description:
Petitioner directed to produce the value of non-judicial stamp.
Evidence:
The final decree petitioner is directed to produce the value of non judicial stamp within one month from today.
Documents & Evidence
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
The court accepted the Commissioner's report and plans for the purpose of passing the final decree.
Reference:
Ext.C1
Document Type:
Plan
Submitted By:
Court
Relevance:
The court included the plan as part of the final decree.
Reference:
Ext.C1(a)
Case Classification
Case Type
Partition
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Partition of property
Case Code
Case between Hemanth Kumar.P vs K.P.Leela et al regarding partition of properties
Case Code Year
Case between Hemanth Kumar.P vs K.P.Leela et al regarding partition of properties