Case Summary
The plaintiff, Afnitha @ Hasniba, is seeking a partition of property originally belonging to the defendants and their sister. The defendants, including Mami and Khadeeja, are contesting the necessity of the suit, claiming they are unnecessary parties.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
A preliminary decree for partition has been passed, entitling the plaintiff to 29 out of 72 shares in the plaint schedule property.
Why Plaintiff Won:
Losing Side's Weaknesses:
Supporting Evidence
The documents from the side of plaintiff as well as the defendants No.3 is admitted by both parties. The plaint schedule property is in the co-ownership and joint possession of the plaintiff.
Judgment Evidence:
In the light of discussion held a preliminary decree for partition is passed as follows: The plaint schedule property is divided into 72 equal parts and the plaintiff is entitled to get 29 out of 72 shares over the plaint schedule property in metes and bounds.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Korothkandiyil Afnitha @ Hasniba
- Party Age
- 41
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Korothkandiyil Mami
- Party Age
- 74
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Korothkandiyil Khadeeja
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Nangeelikandiyil Muhammed
- Relation
- S/o
Plaintiffs Documents
Certified copy of partition deed No. 1270/2010 of SRO, Nadapuram; Release Deed executed by Korothkandi Khadeeja; Settlement Deed No. 1662/2013 of SRO, Nadapuram; Certified copy of Assignment Deed No. 2119/15 SRO, Nadapuram; Basic Tax Receipt issued by Village Officer.
Defendants Documents
Assignment Deed No. 2164/2015 of SRO, Nadapuram executed by Korothkandi Mami and Korothkandi Khadeeja in favour of Nangeelikandi Muhammed.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. N. M. Kuttikrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P. Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P. Arun Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
A decree for partition and separate possession of plaintiffs 29 out of 72 shares over the plaint schedule property.
Evidence:
In the light of discussion held a preliminary decree for partition is passed as follows: The plaint schedule property is divided into 72 equal parts and the plaintiff is entitled to get 29 out of 72 shares over the plaint schedule property in metes and bounds.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of partition deed related to the property in question.
Reference:
Ext.A1
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Release Deed executed by Korothkandi Khadeeja in favour of Korothkandi Mami and Korothkandi Ayisha.
Reference:
Ext.A2
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Settlement Deed executed by Korothkandiyil Ayisha in favour of Hasniba.
Reference:
Ext.A3
Document Type:
Assignment Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Assignment Deed executed by Mami and others in favour of Korothkandi Kunhabdulla.
Reference:
Ext.A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Basic Tax Receipt issued by Village Officer related to Khadeeja and others.
Reference:
Ext.A5
Document Type:
Assignment Deed
Submitted By:
Defendant
Relevance:
Assignment Deed executed by Korothkandi Mami and Korothkandi Khadeeja in favour of Nangeelikandi Muhammed.
Reference:
Ext.B1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
Case between Korothkandiyil Afnitha @ Hasniba vs Korothkandiyil Mami et al regarding partition and separate possession
Case Code Year
Case between Korothkandiyil Afnitha @ Hasniba vs Korothkandiyil Mami et al regarding partition and separate possession