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ORIGINAL SUIT No. 72 OF 2016

Case between Karatt Thandan Valappil Moideenkutty Haji's children vs Karatt Thandan Valappil Moideenkutty Haji's children regarding partition

Court
THE COURT OF THE MUNSIFF OF TIRUR
Judge
Sri. JANKISH NARAYANAN
Order Date
2019-07-29
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs are the children of Late Moideenkutty Haji who are seeking a partition of the property inherited from their father. The defendants are also children of Late Moideenkutty Haji and are contesting the partition.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit and granted a preliminary decree for partition of the property. The plaintiffs were entitled to 5 shares while the defendants were entitled to 2 shares each.
Judgment Favored
Plaintiff
Relief Granted
Case Type
Original Suit
Final Judgment
No
The court decreed the suit and granted a preliminary decree for partition of the property. The plaintiffs were entitled to 5 shares while the defendants were entitled to 2 shares each.
Why Plaintiff Won:
Plaintiffs proved their case by adduced reliable evidence.
Losing Side's Weaknesses:
Plaintiffs proved their case by adduced reliable evidence.
Supporting Evidence
The plaintiffs have proved their case by adducing cogent and reliable evidence. The evidence adduced by the plaintiff remained unchallenged.

Judgment Evidence:

In the result, the suit is decreed and a preliminary decree for partition is passed as follows: The plaint B schedule properties shall be divided into 13 equal shares by metes and bounds.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Kadiyamu
Party Age
58
Relation
W/o
Party Role
Plaintiff
Party Name
Pathumma
Party Age
52
Relation
W/o
Party Role
Plaintiff
Party Name
Rukhiya
Party Age
48
Relation
W/o
Party Role
Plaintiff
Party Name
Sulaikha
Party Age
45
Relation
W/o
Party Role
Plaintiff
Party Name
Ummusalma
Party Age
42
Relation
W/o
Party Role
Defendant
Party Name
Hussain
Party Age
68
Party Role
Defendant
Party Name
Kunhavaran
Party Age
65
Party Role
Defendant
Party Name
Entheen
Party Age
54
Party Role
Defendant
Party Name
Hamza
Party Age
56
Plaintiffs Documents
Certified copy of Doc. No.1410/1948, True copy of Doc. No.582/1945, Photostat Copy of Kanam Theeradharam, Certified copy of Doc. No.1287/1933, Certified copy of Doc. No.1228/1944, Certified copy of Doc. No.100/1947, Certified copy of Doc. No.1408/1948, True Copy of Doc. No.562/1973, Certified copy of the extract of Tax Assessment Register from Cheriyamundam Grama Panchayath, Encumbrance Certificates.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. M.Bhavesh
Appearance Type
Main Counsel

Reliefs

Relief Type: Partition
Outcome: Granted
Description:
The plaintiffs sought a decree for partition of the B schedule property.
Evidence:
I find no reason to disbelieve PW1. Therefore, I am satisfied that the plaintiffs have proved their case by adducing cogent and reliable evidence. Hence the plaintiffs are entitled to a decree as prayed for.

Documents & Evidence

Document Type: Certified copy of document
Submitted By: Plaintiff
Relevance:
This document is part of the evidence supporting the plaintiffs' claim regarding the ownership of the B schedule property.
Reference:
Ext.A1
Document Type: True copy of Document
Submitted By: Plaintiff
Relevance:
This document is referenced as evidence of the property belonging to Late Moideenkutty Haji.
Reference:
Ext.A2
Document Type: Photostat Copy of Kanam Theeradharam
Submitted By: Plaintiff
Relevance:
This document is part of the evidence but its specific relevance is not detailed.
Reference:
Ext.A3
Document Type: Certified copy of document
Submitted By: Plaintiff
Relevance:
This document adds to evidence relevant to the plaintiffs' claims.
Reference:
Ext.A4
Document Type: Certified copy of document
Submitted By: Plaintiff
Relevance:
This document is part of the evidence supporting the plaintiffs' claim.
Reference:
Ext.A5
Document Type: Certified copy of document
Submitted By: Plaintiff
Relevance:
This document contributes to the plaintiffs' evidence regarding the property.
Reference:
Ext.A6
Document Type: Certified copy of document
Submitted By: Plaintiff
Relevance:
This document provides evidence related to the claims made by the plaintiffs.
Reference:
Ext.A7
Document Type: True copy of Document
Submitted By: Plaintiff
Relevance:
This document is significant in evidencing the assignment of the property.
Reference:
Ext.A8
Document Type: Certified copy of the extract of Tax Assessment Register
Submitted By: Plaintiff
Relevance:
This document supports the plaintiffs' claims and evidences ownership.
Reference:
Ext.A9
Document Type: Encumbrance Certificates
Submitted By: Plaintiff
Relevance:
This document is intended to provide evidence concerning the property in question.
Reference:
Ext.A10

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 Karatt Thandan Valappil Moideenkutty Haji's children vs Karatt Thandan Valappil Moideenkutty Haji's children regarding partition
Case Code Year
Case between Karatt Thandan Valappil Moideenkutty Haji's children vs Karatt Thandan Valappil Moideenkutty Haji's children regarding partition

Quick Facts

Location
Tirur Taluk
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Case Closed
From
Mon, 07/01/2019 - 12:00
To
Wed, 07/31/2019 - 12:00
Outcome Confidence
85%

Involved Entities

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