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F.D.I.A 14/2022 in OS 460/2008

Case between Kattuparambath Kodinilath Saraswathi vs Kattuparambath Kodinilath Sivasankaran.V.P et al regarding final decree petition for division of property.

Court
THE COURT OF THE ADDITIONAL MUNSIFF-II, KOZHIKODE
Judge
Smt. Anjali.P
Order Date
2025-07-04
Duration
Case Closed
Fri, 07/04/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, Kattuparambath Kodinilath Saraswathi, filed a petition for a final decree to divide property as per a preliminary decree. The court appointed an Advocate Commissioner to effect the division, and the third defendant was granted the right to reside until her death.

Judgment Outcome

Plaintiff Won
Interim Order
The court approved the final decree for the division of property as per the Advocate Commissioner's report, allotting the specified land and house to the plaintiff while granting the third defendant the right to reside.
Judgment Favored
Plaintiff
Relief Granted
The 2.78 cents of land and house are allotted to the plaintiff, with the third defendant having the right to reside until her death.
Case Type
Final Decree Petition
Final Judgment
No
The court approved the final decree for the division of property as per the Advocate Commissioner's report, allotting the specified land and house to the plaintiff while granting the third defendant the right to reside.
Why Plaintiff Won:
Losing Side's Weaknesses:
Supporting Evidence
On perusal of the report, plan, photograph, this Court is satisfied that a final decree can be passed.

Judgment Evidence:

In the result, the final decree is passed as follows: 1) The 2.78 cents of land shown in the exhibit C1 (a) plan, along with the house situated therein and all improvements therein is allotted to the petitioner towards her share in the decree schedule property; 2) The respondent No 3 shall have right to reside in the house situated in the decree schedule property till her death.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Kattuparambath Kodinilath Saraswathi
Party Age
53
Relation
D/o
Party Role
Defendant
Party Name
Kattuparambath Kodinilath Sivasankaran.V.P
Party Age
62
Relation
S/o
Party Role
Defendant
Party Name
Kattuparambath Kodinilath Raveendran.V.P
Party Age
60
Relation
S/o
Party Role
Defendant
Party Name
Padmavathi Amma
Party Age
69
Relation
D/o
Plaintiffs Documents
Original assignment deeds produced by the plaintiff.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri.N.Manoj
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri.P.N.Sreenivasan
Appearance Type
Main Counsel
Party Role
Court
Advocate Name
Adv K.M. Viswanathan
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Possession
Outcome: Granted
Description:
The petitioner is allotted the 2.78 cents of land and house as her share in the decree schedule property.
Evidence:
In the result, the final decree is passed as follows: 1) The 2.78 cents of land shown in the exhibit C1 (a) plan, along with the house situated therein and all improvements therein is allotted to the petitioner towards her share in the decree schedule property.
Relief Type: Right of residence
Outcome: Granted
Description:
The respondent No 3 shall have the right to reside in the house situated in the decree schedule property till her death.
Evidence:
2) The respondent No 3 shall have right to reside in the house situated in the decree schedule property till her death.

Documents & Evidence

Document Type: Commissioner's Report
Submitted By: Court
Relevance:
The court used the commissioner's report to verify the partition of the property as outlined in the preliminary decree.
Reference:
C1
Document Type: Advocate Commissioner's plan
Submitted By: Court
Relevance:
The plan was part of the documents reviewed to ensure proper partitioning of the property.
Reference:
C1(a)
Document Type: Photograph
Submitted By: Court
Relevance:
The photograph was submitted as evidence of the property's condition and layout.
Reference:
C1(b)

Case Classification

Case Type
Final Decree Petition
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Kattuparambath Kodinilath Saraswathi vs Kattuparambath Kodinilath Sivasankaran.V.P et al regarding final decree petition for division of property.
Case Code Year
Case between Kattuparambath Kodinilath Saraswathi vs Kattuparambath Kodinilath Sivasankaran.V.P et al regarding final decree petition for division of property.

Quick Facts

Location
Kozhikode
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Case Filed
Wed, 03/24/2010 - 12:00
Case Closed
Fri, 07/04/2025 - 12:00
From
Sun, 06/01/2025 - 12:00
To
Sun, 08/31/2025 - 12:00
Outcome Confidence
75%

Involved Entities

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