Case Summary
Lawsuit for partition among legal heirs of late Chathan Ayyappan, including descendants and widow.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partitional injunction
Case Type
Partition
Final Judgment
No
Why Plaintiff Won:
Absence of counter evidence supporting plaintiff's claims.
Absence of counter evidence supporting plaintiff's claims.
Judgment Evidence:
The suit is decreed and a preliminary decree for partition is passed as follows: 1. The plaint schedule property is ordered to be partitioned by metes and bounds in to 4 equal shares. 2. The plaintiff is entitled to 1/4th share in the plaint schedule property. 3. Plaintiff is entitled to be put in separate possession of her share in the plaint schedule property. 4. Costs of the suit shall bear out of the estate. 5. Convert to final decree application.
Parties Involved
Plaintiffs
Karthyani (80 years years)
Ediyatheri House, Peringala P O, Pinarmunda Kara, Kunnathunadu Village, Kunnathunadu Taluk, Pin-683565
Defendants
Santha (60 years years)
Ediyatheri House, Peringala P O, Pinarmunda Kara, Kunnathunadu Village, Kunnathunadu Taluk, Pin-683565
Sreejan (38 Years years)
Ediyatheri House, Peringala P O, Pinarmunda Kara, Kunnathunadu Village, Kunnathunadu Taluk, Pin-683565
Sheeba (36 years years)
Ediyatheri House, Peringala P O, Pinarmunda Kara, Kunnathunadu Village, Kunnathunadu Taluk, Pin-683565. Now residing at W/o Anoop, Pankod Karayil Malayil House
Vilasini (65 years years)
Ediyatheri House, Peringala P O, Pinarmunda Kara, Kunnathunadu Village, Kunnathunadu Taluk, Pin-683565
Sreeja (30 years years)
Ediyatheri House, Peringala P O, Pinarmunda Kara, Kunnathunadu Village, Kunnathunadu Taluk, Pin-683565
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiff entitled to relief of perpetual injunction
Evidence:
In the absence of any contra evidence, unchallenged evidence of plaintiff and documents marked as Ext.A1 to A5 prove the case
Relief Type:
Partition
Outcome:
Partly Granted
Description:
Preliminary decree for partition passed
Evidence:
Preliminary decree passed for partitioning plaint schedule property into 4 equal shares
Documents & Evidence
Document Type:
Purchase Certificate
Submitted By:
Plaintiff
Relevance:
Proof of ownership of plaintiff
Reference:
Ext.A1
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Proof of death of Thankappan
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Proof of death of Vayyankili
Reference:
Ext.A3
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Proof of death of Kalyani Gopalan
Reference:
Ext.A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Proof of tax payment
Reference:
Ext.A5