Case Summary
KALARIPPOYIL JASIR, represented by his Power of Attorney, seeks a final decree for partition against KOODATHIL ABDUL RASHEED. The case concerns the division of property as per a preliminary decree dated 01.06.2022.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition of property and separate possession over respective shares.
Case Type
Final Decree Application
Final Judgment
No
The court passed a final decree for partition of property as per the commission report. KALARIPPOYIL JASIR is allotted 57.75 shares and KOODATHIL ABDUL RASHEED is allotted 2.25 shares of the petition schedule property.
Why Plaintiff Won:
The respondent had no objection to the final decree based on the commission report.
The respondent had no objection to the final decree based on the commission report.
Losing Side's Weaknesses:
The respondent had no objection to the final decree based on the commission report.
The respondent had no objection to the final decree based on the commission report.
Supporting Evidence
The commission report dated 22.01.2025 states the allocation of respective shares based on the measurements.
Judgment Evidence:
Hence, the petitioner is entitled to get partition and separate possession over the respective share as per the commission report.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- KALARIPPOYIL JASIR
- Party Age
- 39
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- KOODATHIL ABDUL RASHEED
- Party Age
- 54
- Relation
- S/o
Plaintiffs Documents
Preliminary decree dated 01.06.2022, Commission report dated 22.01.2025.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C. R. Biju
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K. K. Anil Raj
- Appearance Type
- Main Counsel
- Party Role
- Court
- Advocate Name
- Adv. Krishnakumar. K.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Petitioner is entitled to partition and separate possession over their respective share.
Evidence:
Plot A shown in plan Ext.C2 plan which is of 1.05 Are is allotted to the share of the petitioner and is entitled to get partition and separate possession over the respective share.
Relief Type:
Possession
Outcome:
Granted
Description:
Respondent is entitled to partition and separate possession over their respective share.
Evidence:
Plot No.B shown in Ext.C2 plan which is of 0.10 Are is allotted to the share of the respondent and is entitled to get the partition and separate possession over the respective share.
Relief Type:
Recovery
Outcome:
Granted
Description:
Respondent is directed to pay Rs.35,906/- to the petitioner towards the equity of shares.
Evidence:
The respondent is directed to give Rs.35,906/- to the petitioner towards the equity of shares.
Relief Type:
Other
Outcome:
Granted
Description:
The parties are directed to pay additional batta to the Advocate commissioner.
Evidence:
The parties are directed to pay additional batta of Rs.10,000/- to the Advocate commissioner for the volume of work done.
Relief Type:
Other
Outcome:
Granted
Description:
Each party is to bear their respective costs.
Evidence:
Parties are directed to suffer their costs.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This document contains the Advocate Commissioner's report detailing the partition measurement of the property.
Reference:
Ext.C1
Document Type:
Surveyor plan
Submitted By:
Court
Relevance:
This plan shows the division of the property into equal shares.
Reference:
Ext.C2
Document Type:
Valuation report of petitioner's share
Submitted By:
Court
Relevance:
This report provides the valuation details of the petitioner's share.
Reference:
Ext.C1(a)
Document Type:
Valuation report of respondent's share
Submitted By:
Court
Relevance:
This report provides the valuation details of the respondent's share.
Reference:
Ext.C1(b)
Document Type:
NJ Stamp details
Submitted By:
Court
Relevance:
This document contains the non-judicial stamp details necessary for the final decree.
Reference:
Ext.C1(c)
Document Type:
Share list No. 3
Submitted By:
Court
Relevance:
This list provides details of the shares allocated to each party.
Reference:
Ext.C1(d)
Document Type:
Share List No. 2
Submitted By:
Court
Relevance:
This list provides additional details related to the share allocations.
Reference:
Ext.C1(e)
Case Classification
Case Type
Final Decree Application
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
Case between KALARIPPOYIL JASIR vs KOODATHIL ABDUL RASHEED regarding partition of property.
Case Code Year
Case between KALARIPPOYIL JASIR vs KOODATHIL ABDUL RASHEED regarding partition of property.