Case Summary
The case involves Kondarath Cheriya Muhammed's children as petitioners against Kondarath Abdul Rasheed regarding an interlocutory application related to property division. The court dismissed the application due to the petitioners' lack of cooperation.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Interlocutory Application
Final Judgment
No
The court dismissed the application for lack of cooperation from the petitioners with the Advocate Commissioner for property division.
Key Reasoning:
The petitioners did not cooperate with the court's appointed Advocate Commissioner.
The petitioners did not cooperate with the court's appointed Advocate Commissioner.
Why Defendant Won:
Not available
Not available
Supporting Evidence
Commissioner returned warrant and filed memo dated 24-9-2019, stating that the petitioners are not co-operating with him in the inspection of the property.
Judgment Evidence:
Hence IA dismissed for default.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Fathima kutty
- Party Age
- 49
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Moideen kutty
- Party Age
- 47
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Asya
- Party Age
- 45
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Abdu Rahiman
- Party Age
- 43
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Sulaikha
- Party Age
- 40
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Kondarath Abdul Rasheed
- Party Age
- 41
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. E.C.Suresh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Rejected
Description:
The petition filed under Order 26 Rule 13 was dismissed for default.
Evidence:
Hence IA dismissed for default.
Documents & Evidence
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
The court referenced the Advocate Commissioner's report regarding the non-cooperation of petitioners in property inspection.
Reference:
null
Case Classification
Case Type
Interlocutory Application
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Kondarath Cheriya Muhammed's children vs Kondarath Abdul Rasheed regarding Interlocutory Application
Case Code Year
Case between Kondarath Cheriya Muhammed's children vs Kondarath Abdul Rasheed regarding Interlocutory Application