Case Summary
Kalyani Gunasekharan filed a petition seeking the division of property as per a preliminary decree for partition dated 06-12-2014, which was awarded in an Adalath. The petition requested the appointment of an Advocate Commissioner to effect the division and pass a final decree for partition.
Judgment Outcome
Judgment Favored
Unknown
Relief Granted
Partition decree and property allotment
Case Type
Civil Suit - Partition
Final Judgment
No
The court decreed the suit by allotting specific plots of land to the respective parties based on the valuation of the property and improvements made therein.
Key Reasoning:
Reason not clearly mentioned
Reason not clearly mentioned
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Advocate Commissioner reported that the property, except 0.50 cents set apart for the way, is available for partition. The total value of the improvements therein is Rs.88,750/-. The value of the house is Rs. 4,08,206/-. The total value of decree schedule property including improvements therein is Rs. 22,96,956/. The value of one share will be Rs. 5,74,239/-. The Advocate Commissioner has alloted Plot 1 having an extend of 5 cents in Ext.C2 plan is alloted to the share of the plaintiff.
Judgment Evidence:
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. The property having an extend of 5.25 cents along with the house shown as Plot II in Ext.C2 sketch, is alloted to the 1/4 share of the first defendant. The property having an extend of 9.75 cents shown as Plot III and IV together alloted to the ½ shares of the 2nd and 3rd defendants. Ext.C1 report and C2 plan shall from part of the decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kalyani Gunasekharan
- Party Age
- 58
- Relation
- Daughter of Late Karikkutty
- Party Role
- Defendant
- Party Name
- Murikkingal deceased Karikkuty's children
- 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
Preliminary decree dated 06-12-2014, Expert valuation report, Advocate Commissioner's report and plan
Defendants Documents
Not clearly mentioned
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Mercyamma Mathew
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.M.Bhavesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.Jency Suresh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Partition
Outcome:
Unknown
Description:
Division of property and allotment of shares to the parties
Evidence:
Documents & Evidence
Document Type:
Expert valuation report
Submitted By:
Plaintiff
Relevance:
Evaluated the value of the property and improvements
Reference:
Not mentioned
Document Type:
Advocate Commissioner's Report
Submitted By:
Plaintiff
Relevance:
Reported on the division and allotment of property
Reference:
Ext.C1
Document Type:
Advocate Commissioner's plan
Submitted By:
Plaintiff
Relevance:
Illustrated the division and allotment of property
Reference:
Ext.C2
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 vs Murikkingal deceased Karikkuty's children regarding partition of property
Case Code Year
Case between Kalyani Gunasekharan vs Murikkingal deceased Karikkuty's children regarding partition of property