Case Summary
Petitioner seeks division of property as per preliminary decree for partition against respondents who were deputed through respective counsels.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Final decree for partition
Case Type
Civil Suit - Partition
Final Judgment
No
Final decree for partition was granted, properties were allotted to each party based on valuation and equitable distribution.
Why Plaintiff Won:
The Advocate Commissioner effected the division of property in an equitable manner, and the report and plan were accepted.
The Advocate Commissioner effected the division of property in an equitable manner, and the report and plan were accepted.
Losing Side's Weaknesses:
The Advocate Commissioner effected the division of property in an equitable manner, and the report and plan were accepted.
The Advocate Commissioner effected the division of property in an equitable manner, and the report and plan were accepted.
Supporting Evidence
The Advocate Commissioner effected the division of decree schedule property in an equitable manner.
Judgment Evidence:
In the result the suit is decreed as follows: 1. The property having an extend of 5 cents shown as Plot 1 in Ext.C2 is alloted to the 1/4 share of the plaintiff. 2. The property having an extend of 5.25 cents along with house shown as Plot II in Ext.C2 sketch, is alloted to the 1/4 share of the first defendant. 3. The property having an extend of 9.75 cents shown as Plot III and IV together alloted to the 1/2 shares of the 2nd and 3rd defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kalyani Gunasekharan
- Party Age
- 58
- Relation
- Daughter of late Karikkutty
- Party Role
- Defendant
- Party Name
- M.Rajan
- Party Age
- 55
- Party Role
- Defendant
- Party Name
- Subrahmanian
- Party Age
- 60
- Party Role
- Defendant
- Party Name
- Karthyayani Sisupalan
- Party Age
- 62
Plaintiffs Documents
Award dated 06-12-2014, Preliminary decree for partition dated 06-12-2014, Advocate Commissioner's report and plan
Defendants Documents
Not applicable
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Mercyamma Mathew
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.M.Bhavesh
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.Jency Suresh
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Final decree for partition
Evidence:
The Advocate Commissioner effected the division of property in an equitable manner.
Documents & Evidence
Document Type:
Award
Submitted By:
Plaintiff
Relevance:
Provided basis for division of property
Reference:
Award dated 06-12-2014
Document Type:
Decree
Submitted By:
Plaintiff
Relevance:
Outlining division of property shares
Reference:
Preliminary decree for partition dated 06-12-2014
Document Type:
Report and Plan
Submitted By:
Plaintiff
Relevance:
Accepted by the court for equitable distribution
Reference:
Advocate Commissioner's report and plan
Case Classification
Case Type
Civil Suit - Partition
Category
Family Property and Partition
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Kalyani Gunasekharan et al vs Murikkingal deceased Karikkuty's children et al regarding partition of property
Case Code Year
Case between Kalyani Gunasekharan et al vs Murikkingal deceased Karikkuty's children et al regarding partition of property