Case Summary
The case involves a partition of property among the plaintiffs and defendants based on a preliminary decree. The plaintiffs are seeking their respective shares in the property as ordered by the court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition and separate possession of property as per shares
Case Type
Final Decree Application
Final Judgment
No
The court passed a final decree for partitioning the property among the parties as per the commission report. Plaintiffs are entitled to a specific share.
Why Plaintiff Won:
The court validated the preliminary decree and confirmed the entitlement of shares based on the commission report.
The court validated the preliminary decree and confirmed the entitlement of shares based on the commission report.
Losing Side's Weaknesses:
The court validated the preliminary decree and confirmed the entitlement of shares based on the commission report.
The court validated the preliminary decree and confirmed the entitlement of shares based on the commission report.
Supporting Evidence
As per the discussions in the commission report and preliminary decree and judgment dated 15.06.2024, a final decree is passed as follows:-
Judgment Evidence:
In tune with the preliminary decree for partition in the property the petitioners/plaintiffs have taken out a commission and the Advocate Commissioner had measured out the property...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jameela Nandavanathil
- Party Age
- 58
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Sajeera
- Party Age
- 28
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Muhammad Savaj
- Party Age
- 25
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sinan
- Party Age
- 16
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shareefa Jamal
- Party Age
- 41
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Shameema
- Party Age
- 36
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Shamseera
- Party Age
- 32
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Fasna
- Party Age
- 31
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Fasil
- Party Age
- 30
- Relation
- S/o
Plaintiffs Documents
N/A
Defendants Documents
N/A
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. N. M. Rajagopal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. C. Faisal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The plaintiffs are entitled to partition and separate possession over their respective shares in metes and bounds.
Evidence:
the plaintiffs are entitled to get 46/88 share over the allotted part and are entitled for partition and separate possession over their respective shares in metes and bounds.
Relief Type:
Possession
Outcome:
Granted
Description:
The defendants are entitled to partition and separate possession over their respective shares.
Evidence:
the defendants are entitled to get partition and separate possession over their respective shares however they have to pay the requisite court fee.
Relief Type:
Other
Outcome:
Granted
Description:
Parties are directed to produce stamp paper for their share value for engrossing the final decree.
Evidence:
Parties are directed to produce stamp paper for their share value for engrossing the final decree.
Relief Type:
Other
Outcome:
Granted
Description:
Parties are directed to pay additional batta to the Advocate Commissioner.
Evidence:
Parties are directed to pay additional batta of Rs.10,000/- to the Advocate Commissioner for the volume of work done.
Relief Type:
Other
Outcome:
Granted
Description:
Parties are directed to suffer their costs.
Evidence:
Parties are directed to suffer their costs.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Submitted by the Advocate Commissioner detailing the measurement for partition.
Reference:
Ext.C1
Document Type:
Surveyor plan
Submitted By:
Court
Relevance:
Plan filed by the Taluk Surveyor indicating the division of the property.
Reference:
Ext.C2
Document Type:
Valuation Schedule
Submitted By:
Court
Relevance:
Details on the valuation of the property related to the partition.
Reference:
C3 series
Case Classification
Case Type
Final Decree Application
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
Case between Jameela Nandavanathil et al vs Shareefa Jamal et al regarding partition of property
Case Code Year
Case between Jameela Nandavanathil et al vs Shareefa Jamal et al regarding partition of property