Case Summary
The plaintiffs are the children of Kalappattil deceased Kunhimoideen Haji, and they are involved in a partition suit against other children of the same deceased regarding the division of inherited properties. The suit seeks a preliminary decree for partition of the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree for partition and separate allotment of shares in the property.
Case Type
Original Suit
Final Judgment
No
The court has decreed the suit for partition and has detailed the shares allocated to each plaintiff and defendant. The plaintiffs and defendants will receive specified shares from the partition of the property.
Why Plaintiff Won:
The defendants admitted the plaintiffs' claim in their written statement.
The defendants admitted the plaintiffs' claim in their written statement.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The defendants filed written statement admitting the plaint claim. Hence the plaintiff is entitled to get a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed and a preliminary decree for partition is passed as follows:
I. The plaint B schedule item No.1 to 3 property shall be divided into 48 (Forty eight) equal shares by metes and bounds.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Hamza
- Party Age
- 50
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Majeed
- Party Age
- 45
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Muhammedunni
- Party Age
- 40
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Muhammed Faizal
- Party Age
- 35
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Ayisakkutty
- Party Age
- 70
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Muhammedali
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Abdul Khader
- Party Age
- 42
- Relation
- S/o
Plaintiffs Documents
Document No. 1083/1984, 2367/1985, 1543/1988 of Sub Registrar Office, Kalpakanchery, Document No. 2321/1976, 2322/1976, 2323/1976 and 635/1977 of Sub Registrar Office, Codaical.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Gopi Kadavath
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K.P. Shereef
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Preliminary decree for partition of the plaint B schedule properties.
Evidence:
In the result, the suit is decreed and a preliminary decree for partition is passed.
Documents & Evidence
Document Type:
Genealogical table
Submitted By:
Plaintiff
Relevance:
Shows the relationship between the parties.
Reference:
Plaint A
Document Type:
Document from Sub Registrar Office
Submitted By:
Plaintiff
Relevance:
Proves ownership of property items 1 to 3.
Reference:
No.1083/1984, 2367/1985, 1543/1988
Document Type:
Document from Sub Registrar Office
Submitted By:
Plaintiff
Relevance:
Establishes ownership of property items 4 to 9.
Reference:
No.2321/1976, 2322/1976, 2323/1976, 635/1977
Document Type:
Document from Sub Registrar Office and Purchase Certificate
Submitted By:
Plaintiff
Relevance:
Confirms ownership of property item 10.
Reference:
No.678/1977 and No.217/1980
Document Type:
Document from Sub Registrar Office
Submitted By:
Plaintiff
Relevance:
Details the execution of a deed in favor of the plaintiffs and defendants.
Reference:
No.5099/2010
Case Classification
Case Type
Original Suit
Category
Property and Possession Disputes
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Kalappattil deceased Kunhimoideen Haji's children vs Kalappattil deceased Kunhimoideen Haji's children regarding partition
Case Code Year
Case between Kalappattil deceased Kunhimoideen Haji's children vs Kalappattil deceased Kunhimoideen Haji's children regarding partition