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
Suit decreed for partition with plaintiff receiving 1/4th share in property.
Why Plaintiff Won:
Absence of counter evidence supporting plaintiff's claims.
Absence of counter evidence supporting plaintiff's claims.
Losing Side's Weaknesses:
Absence of counter evidence supporting plaintiff's claims.
Absence of counter evidence supporting plaintiff's claims.
Supporting Evidence
Unchallenged evidence from plaintiff and supporting documents validated 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
Parties
- Party Role
- Plaintiff
- Party Name
- Karthyani
- Party Age
- 80
- Relation
- D/o Chathan Ayyappan
- Party Role
- Defendant
- Party Name
- Santha
- Party Age
- 60
- Relation
- W/o Late Thankappan
- Party Role
- Defendant
- Party Name
- Sreejan
- Party Age
- 38
- Relation
- S/o Late Thankappan
- Party Role
- Defendant
- Party Name
- Sheeba
- Party Age
- 36
- Relation
- D/o Late Thankappan
- Party Role
- Defendant
- Party Name
- Vilasini
- Party Age
- 65
- Relation
- W/o Late Velayudhan(S/o Chathan Ayyappan)
- Party Role
- Defendant
- Party Name
- Sreeja
- Party Age
- 30
- Relation
- D/o Late Velayudhan(S/o Chathan Ayyappan)
Plaintiffs Documents
Purchase certificate 28.08.1976, Death certificate of Thankappan 08.03.2013, Death certificate of Vayyankili 12.07.2019, Death certificate of Kalyani Gopalan 14.12.2023, Tax receipt 27.06.2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P. G. Dileepkumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- C. R. Deepa
- Appearance Type
- Assisting Counsel
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
Case Classification
Case Type
Partition
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Case Code
OS.
Case Code Year
2024