Case Summary
The plaintiffs, K S Bhaskaran and Remadevi B, sought a final decree for partition of property against defendants including Krishnakumari and others. The court addressed the execution of a Will and the rightful shares of the parties involved.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition of property as per the Final Decree.
Case Type
Final Decree Application
Final Judgment
No
The court granted the final decree for partitioning the property as per the preliminary decree, allotting shares to the plaintiffs and defendants based on the evidence provided regarding the execution of the Will.
Why Plaintiff Won:
The court found sufficient evidence supporting the execution of the Will which entitled the plaintiff to the shares.
The court found sufficient evidence supporting the execution of the Will which entitled the plaintiff to the shares.
Losing Side's Weaknesses:
The court found sufficient evidence supporting the execution of the Will which entitled the plaintiff to the shares.
The court found sufficient evidence supporting the execution of the Will which entitled the plaintiff to the shares.
Supporting Evidence
The execution of Will is proved through PW1 and PW2. Both witnesses testified that the testator was in sound mind and body at the time of putting the signature in Ext.A1.
Judgment Evidence:
Final Decree is passed in accordance with Exhibit C1 series as follows; ... The petitioner shall produce requisite stamp paper for engrossing final decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K S Bhaskaran
- Party Age
- 80
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Remadevi B
- Party Age
- 51
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Krishnakumari
- Party Age
- 53
- Party Role
- Defendant
- Party Name
- Anilkumar
- Party Age
- 47
- Party Role
- Defendant
- Party Name
- Bhaskar Shaji
- Party Age
- 47
- Party Role
- Defendant
- Party Name
- Nirmala B
Plaintiffs Documents
Will dated 15.05.2015.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M C Scaria
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Royce Chirayil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The 2nd petitioner is allotted specific shares in the property as part of the final decree.
Evidence:
Final Decree is passed in accordance with Exhibit C1 series as follows; 1.The 2nd petitioner/2nd plaintiff is allotted 1/6th share (plot no:5) (in the plaint item no.1 property) "M.N.O.P.Q.M" as shown in Ext.C1(a) plan having an extent of 0.67 Ares comprised in Survey No:248/11;248/12 in Block No:47 in Anikkattu Village in Kottayam Taluk.
Documents & Evidence
Document Type:
Will
Submitted By:
Plaintiff
Relevance:
The Will executed by the 1st plaintiff in favor of the petitioner was presented to establish the claim over the share of the property.
Reference:
Ext.A1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The Commission Report was used to aid in determining the shares of the property.
Reference:
Ext.C1
Document Type:
Plan
Submitted By:
Court
Relevance:
The Plan served as a reference for the allotment of shares in the property as per the final decree.
Reference:
Ext.C1(a)
Case Classification
Case Type
Final Decree Application
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between K S Bhaskaran vs Krishnakumari et al regarding partition of property
Case Code Year
Case between K S Bhaskaran vs Krishnakumari et al regarding partition of property