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Original Suit No. 352 OF 2016

Case between Khalid Ali et al vs Mohamedkutty.P. et al regarding property partition

Court
Court of the Munsiff of Tirur
Judge
Smt. VINCY.T.V.
Order Date
2016-12-20
Duration
Not mentioned
Case Closed
Tue, 12/20/2016 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Plaintiffs filed suit for declaration and injunction claiming exclusive ownership of property obtained through oral partition which was transferred to them by legal heirs of deceased Mohamedkutty. Defendants, who are legal heirs, claimed fictitious rights causing cloud on plaintiffs' title. Court decreed in favor of plaintiffs, declaring exclusive ownership and granting perpetual prohibitory injunction against defendants.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted declaration that the property exclusively belongs to the plaintiffs and issued a perpetual prohibitory injunction against the defendants.
Judgment Favored
Plaintiff
Relief Granted
Declaration of exclusive ownership and perpetual prohibitory injunction
Case Type
Civil Suit - Declaration and Injunction
Final Judgment
No
The court granted declaration that the property exclusively belongs to the plaintiffs and issued a perpetual prohibitory injunction against the defendants.
Why Plaintiff Won:
An oral partition was acknowledged by all legal heirs who subsequently transferred the property to the plaintiffs, establishing clear ownership.
Losing Side's Weaknesses:
An oral partition was acknowledged by all legal heirs who subsequently transferred the property to the plaintiffs, establishing clear ownership.
Supporting Evidence
By the above mentioned documents, it is clear that all the legal heirs of Mohamedkutty transferred the property, which was obtained by them in the oral partition. So every one of them have conceded, consented and admitted to the oral partition.

Judgment Evidence:

In the result, the suit is decreed as follows: I. It is declared that plaint schedule property exclusively belong to the plaintiffs and defendants have no manner of right, title and interest over the plaint schedule property. ii. Defendants are hereby restrained by perpetual prohibitory injunction from interfering the peaceful possession of the plaint schedule property. iii. No order as to costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Khalid Ali
Party Age
67
Relation
S/o Hyderkutty
Party Role
Plaintiff
Party Name
Salim
Party Age
38
Relation
S/o Kunhi Mohamed
Party Role
Defendant
Party Name
Mohamedkutty.P.
Party Age
52
Relation
S/o Kunhimoideen Kutty
Party Role
Defendant
Party Name
Moideenkutty.P.
Party Age
60
Relation
S/o Kunhimoideen Kutty
Plaintiffs Documents
Not mentioned
Defendants Documents
Not mentioned

Advocates

Party Role
Plaintiff
Advocate Name
Sri.M.K.Moosakutty
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri. I.P. Shajith
Appearance Type
Main Counsel

Reliefs

Relief Type: Declaration
Outcome: Granted
Description:
To declare exclusive ownership of the property
Evidence:
It is declared that plaint schedule property exclusively belong to the plaintiffs and defendants have no manner of right, title and interest over the plaint schedule property.
Relief Type: Perpetual Prohibitory Injunction
Outcome: Granted
Description:
To restrain defendants from interfering with peaceful possession of the property
Evidence:
Defendants are hereby restrained by perpetual prohibitory injunction from interfering the peaceful possession of the plaint schedule property.

Documents & Evidence

Case Classification

Case Type
Civil Suit - Declaration and Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Property Partition
Case Code
Case between Khalid Ali et al vs Mohamedkutty.P. et al regarding property partition
Case Code Year
Case between Khalid Ali et al vs Mohamedkutty.P. et al regarding property partition

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Tue, 12/20/2016 - 12:00
Case Closed
Tue, 12/20/2016 - 12:00
From
Thu, 12/01/2016 - 12:00
To
Sat, 12/31/2016 - 12:00
Outcome Confidence
100%

Involved Entities

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