Case Summary
The plaintiff, KADUKKANKANDIYIL KUNHIKANNAN, is seeking partition of property against the defendant, KADUKKANKANDIYIL KUNHIKANARAN. The court has previously issued a preliminary decree and now addresses the final decree application for the partition.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition of property and directions for stamp paper production for engrossing the final decree.
Case Type
Civil Suit
Final Judgment
No
The court granted partition of the property between the parties as per the previously issued preliminary decree. The plaintiff and defendant are both entitled to their respective shares.
Why Plaintiff Won:
The court based its decision on the preliminary decree which entitled both parties to partition.
The court based its decision on the preliminary decree which entitled both parties to partition.
Losing Side's Weaknesses:
The court based its decision on the preliminary decree which entitled both parties to partition.
The court based its decision on the preliminary decree which entitled both parties to partition.
Supporting Evidence
The respondent is directed to give Rs.998/- to the petitioner towards the equity of shares.
Judgment Evidence:
In tune with the preliminary decree for partition in the property the petitioner/plaintiff have taken out a commission... Thus as per the preliminary decree and judgment dated 13.06.2024 the parties are entitled to get their respective share over the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- KADUKKANKANDIYIL KUNHIKANNAN
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- KADUKKANKANDIYIL KUNHIKANARAN
- Party Age
- 68
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C. R. Biju
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Previn. P. M.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Partition and separate possession over the respective shares.
Evidence:
Plot A in No.1 plan (C2 plan) which is of 3.54 Ares and plot A in No.2 plan (C3 plan) which is of 16.70 Ares has been allotted to the separate share of the petitioner/plaintiff. He is entitled to get the partition and separate possession over the respective share.
Relief Type:
Possession
Outcome:
Granted
Description:
Partition and separate possession over the respective shares.
Evidence:
Plot B in No.1 plan (C2 plan) which is of 3.04 Ares and plot A in No.3 plan (C4 plan) which is of 17.21 Ares has been allotted to the separate share of the respondent/defendant. He is entitled to get the partition and separate possession over the respective share.
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of money towards equity of shares.
Evidence:
The respondent is directed to give Rs.998/- to the petitioner towards the equity of shares.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The court used the commission report to decide on the partition and separate possession of the plaint schedule property.
Reference:
Ext.C1
Document Type:
Surveyor plan
Submitted By:
Court
Relevance:
The surveyor plan is a part of the final decree for determining the shares.
Reference:
Ext.C2
Document Type:
Surveyor plan
Submitted By:
Court
Relevance:
The surveyor plan is a part of the final decree for determining the shares.
Reference:
Ext.C3
Document Type:
Surveyor plan
Submitted By:
Court
Relevance:
The surveyor plan is a part of the final decree for determining the shares.
Reference:
Ext.C4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
Case between KADUKKANKANDIYIL KUNHIKANNAN vs KADUKKANKANDIYIL KUNHIKANARAN regarding partition of property
Case Code Year
Case between KADUKKANKANDIYIL KUNHIKANNAN vs KADUKKANKANDIYIL KUNHIKANARAN regarding partition of property