Case Summary
Petitioner filed an execution petition seeking delivery of specific plots as per final decree, but the petition was dismissed due to lack of consent from a co-respondent.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Dismissed
Case Type
Execution Petition
Final Judgment
No
The petition seeking delivery of plots under final decree was dismissed due to lack of consent from a co-respondent.
Key Reasoning:
The petition was dismissed due to lack of consent from a co-respondent and unresolved issues regarding allocation of shares among defendants.
The petition was dismissed due to lack of consent from a co-respondent and unresolved issues regarding allocation of shares among defendants.
Why Defendant Won:
The petition was dismissed due to lack of consent from a co-respondent and unresolved issues regarding allocation of shares among defendants.
The petition was dismissed due to lack of consent from a co-respondent and unresolved issues regarding allocation of shares among defendants.
Supporting Evidence
The petitioner is not entitled to get a relief but way of execution proceeding. Since there is nothing before the court to ascertain the share to which the petitioner is entitled this court cannot pass an order allowing the petition for delivery of the share of the petitioner.
Judgment Evidence:
The petition is not maintainable in law and is liable to be dismissed. The petitioner is not entitled to get a relief as prayed for. Hence the petition is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kaveettil Pathumma
- Party Role
- Defendant
- Party Name
- Kaveettil Kadiyama
- Party Role
- Defendant
- Party Name
- Kaveettil Kadiyamu
- Party Role
- Defendant
- Party Name
- Kaveettil Hussain
- Party Role
- Defendant
- Party Name
- Kaveettil Koyakkutty
- Party Role
- Defendant
- Party Name
- Nabeesu
Plaintiffs Documents
Not mentioned
Defendants Documents
Not mentioned
Advocates
Reliefs
Relief Type:
Delivery of Property
Outcome:
Dismissed
Description:
Petitioner's request for delivery of specific plots under final decree
Evidence:
The petition is not maintainable in law and is liable to be dismissed. The petitioner is not entitled to get a relief as prayed for. Hence the petition is dismissed.
Documents & Evidence
Case Classification
Case Type
Execution Petition
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Kaveettil Pathumma vs Kaveettil Kadiyama et al regarding property delivery dispute
Case Code Year
Case between Kaveettil Pathumma vs Kaveettil Kadiyama et al regarding property delivery dispute