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O.S. No. 574 of 2019

Case between Kalyani Mohan vs Dr. N.Kochupillai, N.Dhanapalan, N.Jayasurya et al regarding partition and realization of money.

Court
Court of the Principal Munsiff, Ernakulam
Judge
Smt. Rejani Thankappan
Order Date
2024-01-23
Duration
approximately-4 years 4 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves a dispute over partitioning property originally owned by Padmavathy Amma. The plaintiff, Kalyani Mohan, seeks to claim her share against the defendants, who are her siblings and a leaseholder.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed that the plaintiff is entitled to a partition and ordered the defendants to pay her 1/4th share of the property and recover Rs.1,80,000.
Judgment Favored
Plaintiff
Relief Granted
Partition and recovery of Rs.1,80,000
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to a partition and ordered the defendants to pay her 1/4th share of the property and recover Rs.1,80,000.
Why Plaintiff Won:
The court found the plaintiff's claim for partition valid based on co-ownership established through legal documents.
Losing Side's Weaknesses:
The court found the plaintiff's claim for partition valid based on co-ownership established through legal documents.
Supporting Evidence
Admittedly the plaint schedule property originally belonged to Padmavathy Amma along with the father of the plaintiff and defendant No.1 and 2 as per Ext.A1 partition deed. Hence the plaintiff had sent Ext.A3 registered notice requested the defendants demanding partition of the plaint schedule property.

Judgment Evidence:

In the result, the suit is decreed as follows: A) The plaintiff is entitled to get partition and separation possession of 1/4th share of plaint schedule property by metes and bounds. B) Plaintiff is allowed to recover Rs.1,80,000/­(Rupees One lakh Eighty thousand only) from 2nd defendant or from his assets. C) The plaintiff is also entitled to get the costs of the suit from the defendant Nos. 1 to 3.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Kalyani Mohan
Party Age
40
Relation
W/o
Party Role
Plaintiff
Party Name
N.Mohan
Party Age
76
Relation
Represented by
Party Role
Defendant
Party Name
Dr. N.Kochupillai
Party Age
78
Relation
S/o
Party Role
Defendant
Party Name
N.Dhanapalan
Party Age
72
Relation
S/o
Party Role
Defendant
Party Name
N.Jayasurya
Party Age
53
Relation
S/o
Party Role
Defendant
Party Name
The proprietor, Milan Silk house (Milan Design)
Plaintiffs Documents
Partition deed No.3317/1979, Settlement deed No.260/2013, Legal notice dated 09.03.2018
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Shihabudheen.T
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Stephine Rajeev
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
G.Harikumar
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Rasna Vijayan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
M.S Unnikrishnan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
K.Sunil
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Veena C.V
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Christine Mathew
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Susan Jacob
Appearance Type
Main Counsel

Reliefs

Relief Type: Possession
Outcome: Granted
Description:
The plaintiff is entitled to get partition and separation possession of 1/4th share of plaint schedule property by metes and bounds.
Evidence:
The suit is decreed as follows: A) The plaintiff is entitled to get partition and separation possession of 1/4th share of plaint schedule property by metes and bounds.
Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is allowed to recover Rs.1,80,000/- from the 2nd defendant or from his assets.
Evidence:
B) Plaintiff is allowed to recover Rs.1,80,000/- (Rupees One lakh Eighty thousand only) from 2nd defendant or from his assets.
Relief Type: Other
Outcome: Granted
Description:
The plaintiff is entitled to get the costs of the suit from the defendants Nos. 1 to 3.
Evidence:
C) The plaintiff is also entitled to get the costs of the suit from the defendants Nos. 1 to 3.

Documents & Evidence

Document Type: Partition Deed
Submitted By: Plaintiff
Relevance:
To show that the plaintiff is claiming the property based on the partition deed No.3317/1979.
Reference:
Ext.A1
Document Type: Settlement Deed
Submitted By: Plaintiff
Relevance:
To show that the father of the plaintiff executed a settlement deed in favor of the plaintiff regarding a 1/4th undivided share.
Reference:
Ext.A2
Document Type: Legal Notice
Submitted By: Plaintiff
Relevance:
To demonstrate that the plaintiff demanded partition of the property through a legal notice.
Reference:
Ext.A3
Document Type: Postal Receipts
Submitted By: Plaintiff
Relevance:
To prove that the legal notice was served to the defendants.
Reference:
Ext.A4
Document Type: Postal Acknowledgment Card
Submitted By: Plaintiff
Relevance:
To indicate that the defendants received the legal notice.
Reference:
Ext.A5
Document Type: General Power of Attorney
Submitted By: Plaintiff
Relevance:
To establish the authority of the plaintiff's representative in the suit.
Reference:
Ext.A6
Document Type: Specific power of attorney
Submitted By: Plaintiff
Relevance:
To further establish the authority of the plaintiff's representative in the suit.
Reference:
Ext.A7
Document Type: Agreement
Submitted By: Unknown
Relevance:
To show the lease agreement regarding the usage of the plaint schedule property by the fourth defendant.
Reference:
Ext.X1

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Kalyani Mohan vs Dr. N.Kochupillai, N.Dhanapalan, N.Jayasurya et al regarding partition and realization of money.
Case Code Year
Case between Kalyani Mohan vs Dr. N.Kochupillai, N.Dhanapalan, N.Jayasurya et al regarding partition and realization of money.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Tue, 01/01/2019 - 12:00
Case Closed
From
Mon, 01/01/2024 - 12:00
To
Wed, 01/31/2024 - 12:00
Outcome Confidence
80%

Involved Entities

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