ORIGINAL SUIT NO.298 OF 2016

Case between Kattayil deceased Ayyappakkutty's Children et al vs Children of deceased Sankaran et al regarding partition

Court

Court of the Munsiff of Tirur

Judge

Smt. VINCY.T.V.,B.A, LL.B., MUNSIFF

Order Date

2017-08-03

Duration

1 year

Case Closed

Thu, 08/03/2017 - 12:00

Judgement document from eCourt website

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Case Summary

The suit involved a partition dispute over property belonging to the legal heirs of Kattayil Karappan. Plaintiffs sought partition after assuming the civil death of two missing legal heirs.

Judgment Outcome

Plaintiff Won

Interim Order

The court decreed partition of the property among the legal heirs of Kattayil Ayyappakutty after presuming two missing legal heirs as dead.

Judgment Favored

Plaintiff

Relief Granted

Partition decree dividing property into 108 equal shares among the heirs

Case Type

Partition Suit

Final Judgment

The court decreed partition of the property among the legal heirs of Kattayil Ayyappakutty after presuming two missing legal heirs as dead.

Why Plaintiff Won:
The court presumed the missing legal heirs to be dead based on evidence presented and concluded that the partition should proceed among the remaining legal heirs.

Losing Side's Weaknesses:
The court presumed the missing legal heirs to be dead based on evidence presented and concluded that the partition should proceed among the remaining legal heirs.

Supporting Evidence

The court clearly outlined the legal basis for presuming the missing legal heirs to be dead and proceeding with the partition among the remaining legal heirs.

Judgment Evidence:

The plaintiffs adduced cogent and reliable evidence to prove their case which remained unchallenged due to defendants remaining ex parte.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Balan
Party Age: 61
Relation: Child of deceased Ayyappakkutty

Party Role: Plaintiff
Party Name: Kumaran
Party Age: 58
Relation: Child of deceased Ayyappakkutty

Party Role: Plaintiff
Party Name: Sreedharan
Party Age: 56
Relation: Child of deceased Ayyappakkutty

Party Role: Plaintiff
Party Name: Vijaya @ Chinna
Party Age: 62
Relation: Wife of Vellamakkal Vasu

Party Role: Plaintiff
Party Name: Santha
Party Age: 50
Relation: Wife of Punnakkal Mohanan

Party Role: Plaintiff
Party Name: Gouri
Party Age: 52
Relation: Wife of Late Kolapparuthikkal Bhaskaran

Party Role: Plaintiff
Party Name: Kalyani
Party Age: 96
Relation: Wife of Kattayil Ayyappakkutty

Party Role: Plaintiff
Party Name: Pushpa
Party Age: 30
Relation: ...

Party Role: Plaintiff
Party Name: Rathi
Party Age: 28
Relation: ...

Party Role: Plaintiff
Party Name: Karthiyani
Party Age: 58
Relation: Wife of Kattayil Raman

Party Role: Defendant
Party Name: Vinod
Party Age: 36
Relation: Child of deceased Sankaran

Party Role: Defendant
Party Name: Pradeep
Party Age: 34
Relation: Child of deceased Sankaran

Party Role: Defendant
Party Name: Sumankala
Party Age: 32
Relation: ...

Party Role: Defendant
Party Name: Sreemathi
Relation: Wife of Sankaran @ Kunhunni

Plaintiffs Documents

Certified copy of Order in AS. 577/1993 & AS. 587/1993

Defendants Documents

Not available

Advocates

Reliefs

Relief Type: Partition

Outcome: Granted

Description:

Decree of partition granted dividing property into 108 equal shares among the legal heirs

Evidence:

The plaintiffs adduced cogent and reliable evidence which remained unchallenged due to defendants opting to remain ex parte.

Documents & Evidence

Document Type: Certified copy of Order

Submitted By: Plaintiff

Relevance:

Submitted as evidence in the case

Reference:

A1 : 12-10-2007 : Certified copy of Order in AS. 577/1993 & AS. 587/1993 of Honourable High court

Case Classification