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EXECUTION PETITION NO.120 OF 2015

Case between Kaveettil Pathumma vs Kaveettil Kadiyama et al regarding property delivery dispute

Court
Court of the Munsiff of Tirur
Judge
SMT. VINCY.T.V., B.A., LL.B.
Order Date
2018-03-26
Duration
30 years 5 months 22 days
Case Closed

Judgement document from eCourt website

Judgment Document
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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

Defendant Won
Interim Order
The petition seeking delivery of plots under final decree was dismissed due to lack of consent from a co-respondent.
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.
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.
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

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Case Closed
From
Thu, 03/01/2018 - 12:00
To
Sat, 03/31/2018 - 12:00
Outcome Confidence
95%

Involved Entities

Private Individual

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