Case Summary
The petitioners, including Jacob @ Chackochan and others, filed for a final decree for partitioning property. The respondents, Jose Joseph and Jisha Thomas, were set exparte as they remained absent.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Final decree for partitioning the property as per the plan.
Case Type
Civil Suit
Final Judgment
No
The court passed a final decree for partitioning the property as per the preliminary decree. The shares of the parties were determined and an owelty payment was ordered.
Why Plaintiff Won:
The court found that the commission report and plan complied with the preliminary decree.
The court found that the commission report and plan complied with the preliminary decree.
Losing Side's Weaknesses:
The court found that the commission report and plan complied with the preliminary decree.
The court found that the commission report and plan complied with the preliminary decree.
Supporting Evidence
I have perused the preliminary decree, commission report and plan. I am satisfied that Ext. C1 (a) plan is prepared in accordance with the preliminary decree and a final decree can be passed.
Judgment Evidence:
In the result, final decree is passed as follows:- a.The plot denoted with letters DEFGD in Ext. C1 (a) plan is allotted to petitioners/plaintiffs as their 4/12 share of plaint schedule item No.1 and 4/5 share of plaint schedule item item No.2 property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jacob @ Chackochan
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Mary Thomas
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Elsamma George
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Thressyamma Jose
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jose Joseph
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jisha Thomas
- Relation
- W/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.K.Shaji
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- A.Manaph
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Final decree for partition of properties was ordered as per the commission report and plan.
Evidence:
I am satisfied that Ext. C1 (a) plan is prepared in accordance with the preliminary decree and a final decree can be passed in terms of Ext. C1(a) plan.
Relief Type:
Other
Outcome:
Granted
Description:
Petitioners/plaintiffs and 2nd respondent shall pay owelty amounts to the 1st respondent.
Evidence:
Petitioners/plaintiffs shall pay owelty of Rs.451/- and 2nd respondent shall pay owelty of Rs. 1,405/- to the 1st respondent.
Relief Type:
Other
Outcome:
Granted
Description:
Final decree shall be engrossed on non-judicial stamp paper.
Evidence:
Any of the parties can produce non-judicial stamp paper for engrossing the final decree.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The commission report was filed by the Advocate commissioner to effect partition in accordance with the preliminary decree.
Reference:
Ext.C1
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
The survey plan was submitted by the surveyor and was used to determine the allotment of shares in the property.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Case Code
Case between Jacob @ Chackochan et al vs Jose Joseph et al regarding partition of property
Case Code Year
Case between Jacob @ Chackochan et al vs Jose Joseph et al regarding partition of property