Case Summary
Jayachandran, the plaintiff, filed a suit for partition and separate allotment of his share in a property. The court has passed an order allowing the partition based on a preliminary decree.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Interlocutory Application
Final Judgment
No
The court allowed the petition for partition, dividing the property into five equal shares, and directed the respondents to pay certain amounts for equalization of shares.
Why Plaintiff Won:
The Advocate Commissioner has effected division of property in tune with the preliminary decree.
The Advocate Commissioner has effected division of property in tune with the preliminary decree.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
I hold a view that the Advocate Commissioner has effected division of property in tune with the preliminary decree.
Judgment Evidence:
In the result, the petition is allowed and final decree for partition is passed as follows: I. The decree schedule properties shall be divided into 5 (five) equal shares by mets and bounds.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jayachandran
- Party Age
- 39
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mohan
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vijayakumari
- Party Age
- 41
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sunil
- Party Age
- 36
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Lenin
- Party Age
- 33
- Relation
- S/o
Plaintiffs Documents
Preliminary decree for partition dated 28.02.2017, Commission report dated 11.01.2019.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.P. Khaleel Ibrahim
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Rafeekh.E.P.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Final decree for partition of the property as per the preliminary decree.
Evidence:
I hold a view that the Advocate Commissioner has effected division of property in tune with the preliminary decree.
Relief Type:
Other
Outcome:
Granted
Description:
Cost of proceedings allowed in favor of the plaintiff.
Evidence:
The cost of the proceedings allowed in favor of the plaintiff is Rs. 9902/-.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The report was submitted by the Advocate Commissioner detailing the division of property.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
The plan submitted by the Advocate Commissioner showing the allotment of shares to the parties.
Reference:
Ext.C2
Case Classification
Case Type
Interlocutory Application
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Jayachandran vs Mohan et al regarding partition of property
Case Code Year
Case between Jayachandran vs Mohan et al regarding partition of property