Case Summary
James Denny.K.L. filed a suit against Johnson. K.L. and others for partition of the property originally belonging to their late father, Leyons. The property is in joint possession, and the plaintiff seeks to divide it into equal shares.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree of partition is granted.
Case Type
Civil Suit
Final Judgment
No
The suit for partition of the property has been decreed in favor of the plaintiff. The court ordered the property to be partitioned into seven equal shares.
Why Plaintiff Won:
The plaintiff successfully proved entitlement to partition of the property as the legal heir.
The plaintiff successfully proved entitlement to partition of the property as the legal heir.
Losing Side's Weaknesses:
The plaintiff successfully proved entitlement to partition of the property as the legal heir.
The plaintiff successfully proved entitlement to partition of the property as the legal heir.
Supporting Evidence
Parties are governed by Indian Succession Act. Accordingly, plaintiff and defendants are entitled for 1/7th share each in plaint schedule property.
Judgment Evidence:
In the result, the suit is decreed and a preliminary decree of partition is passed. The plaintiff is entitled for 1/7th share in plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- James Denny.K.L.
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Johnson. K.L.
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Etty Johnson
- Party Age
- 60
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Cloudy Michael
- Party Age
- 70
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Daisy Mathew
- Party Age
- 65
- Party Role
- Defendant
- Party Name
- K.L Francis Reliegh
- Party Age
- 67
- Relation
- S/o
Plaintiffs Documents
Certified copy of Sale Deed No. 276/1112 of SRO, Ernakulam, Copy of lawyer notice issued by plaintiff, The Original reply notice issued by 1st defendant
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V. Thulaseedharan Pillai
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Ashok Kini.M
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P.J. Joseph Panikkasserry
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rama Narayana Prabhu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Request for partition of the plaint schedule property.
Evidence:
The suit is decreed and a preliminary decree of partition is passed.
Documents & Evidence
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
Used to establish ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Indicates the plaintiff's request for partition.
Reference:
Ext.A2
Document Type:
Original Reply Notice
Submitted By:
Defendant
Relevance:
Contains the response of the first defendant to the plaintiff's notice.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between James Denny.K.L. vs Johnson. K.L. et al regarding partition of property.
Case Code Year
Case between James Denny.K.L. vs Johnson. K.L. et al regarding partition of property.