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ORIGINAL SUIT NO. 65/2019

Case between K.P. Sreemathy vs K.P. Sumitra et al regarding partition

Court
MUNSIFF-II, KOZHIKODE
Judge
Smt. Jomy Anu Isaac
Order Date
2025-03-28
Duration
approximately-5 years 7 months
Case Closed
Fri, 03/28/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff K.P. Sreemathy is seeking partition of property originally owned by her deceased parent, Kelukutty. The defendants are K.P. Sumitra and others, who are her siblings and heirs, contesting the claim of joint ownership.

Judgment Outcome

Defendant Won
Interim Order
The suit is dismissed, with costs awarded to the defendants due to the finding that the property is not partible as per the previous decree.
Judgment Favored
Defendant
Relief Granted
Compensatory costs of Rs.3000/- to defendant Nos’9 to 11
Case Type
Civil Suit
Final Judgment
No
The suit is dismissed, with costs awarded to the defendants due to the finding that the property is not partible as per the previous decree.
Key Reasoning:
The plaint schedule property is not partible and the suit was filed suppressing important prior judgments.
Why Defendant Won:
The plaint schedule property is not partible and the suit was filed suppressing important prior judgments.
Supporting Evidence
It is found that no share was set apart to the plaintiff and defendant Nos’1 to 8 herein in the preliminary decree in OS 34/1973.

Judgment Evidence:

In the result, suit is dismissed with costs and compensatory costs of Rs.3000/- (Rupees Three Thousand Only) to defendant Nos’9 to 11.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
K.P. Sreemathy
Party Age
73
Relation
W/o
Party Role
Defendant
Party Name
K.P. Sumitra
Party Age
77
Relation
D/o
Party Role
Defendant
Party Name
K.P. Kamala
Party Age
75
Relation
D/o
Party Role
Defendant
Party Name
K.P. Leela
Party Age
67
Relation
D/o
Party Role
Defendant
Party Name
K.P. Dharmarathnam
Party Age
65
Relation
S/o
Party Role
Defendant
Party Name
K.P. Ratnasingh
Party Age
62
Relation
S/o
Plaintiffs Documents
Certified copy of order in IA 145/2017 and IA 146/17 in IA 604/1979 in OS 34/73 of Sub Court, Kozhikode
Defendants Documents
Certified copy of decree in OS 34/1973 of Sub Court, Kozhikode, Certified copy of Judgment in OS 34/1973 of Sub Court, Kozhikode, Certified copy of Final decree in FDIA 604/1979 in OS 34/1973 of Sub Court, Kozhikode

Advocates

Party Role
Plaintiff
Advocate Name
Smt. K. Lakshmi
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri. Maheedharan.M
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
K. Janardhanan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri. T. Nadakumar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri. M.T. Sasidharan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri. K.B. Sivaramakrishnan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri. K.C. Raveendran Nair
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
T.S. Sajith Kumar
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Dismissed
Description:
Suit for partition is dismissed with costs.
Evidence:
In the result, suit is dismissed with costs and compensatory costs of Rs.3000/- (Rupees Three Thousand Only) to defendant Nos’9 to 11.

Documents & Evidence

Document Type: Certified copy of Order
Submitted By: Plaintiff
Relevance:
Certified copy of order in IA 145/2017 and IA 146/17 in IA 604/1979 in OS 34/73 of Sub Court, Kozhikode
Reference:
Ext.A1
Document Type: Registered Will
Submitted By: Defendant
Relevance:
Registered Will No. 31/1979 of SRO, Chathamangalam
Reference:
Ext.B1
Document Type: Certified copy of OP
Submitted By: Defendant
Relevance:
Certified copy of OP 22/1987 with order of MC-II, Kozhikode
Reference:
Ext.B2
Document Type: Certified copy of deposition
Submitted By: Defendant
Relevance:
Certified copy of deposition of PW2 in OP 22/1987
Reference:
Ext.B3
Document Type: Certified copy of decree
Submitted By: Defendant
Relevance:
Certified copy of decree in OS 34/1973 of Sub Court, Kozhikode
Reference:
Ext.B4
Document Type: Certified Copy of Judgment
Submitted By: Defendant
Relevance:
Certified copy of Judgment in OS 34/1973 of Sub Court, Kozhikode
Reference:
Ext.B5
Document Type: Certified copy of Final decree
Submitted By: Defendant
Relevance:
Certified copy of Final decree in FDIA 604/1979 in OS 34/1973 of Sub Court, Kozhikode
Reference:
Ext.B6

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Partition of property
Case Code
Case between K.P. Sreemathy vs K.P. Sumitra et al regarding partition
Case Code Year
Case between K.P. Sreemathy vs K.P. Sumitra et al regarding partition

Quick Facts

Location
Kozhikode
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Case Filed
Thu, 03/28/2019 - 12:00
Case Closed
Fri, 03/28/2025 - 12:00
From
Sat, 03/01/2025 - 12:00
To
Sat, 05/31/2025 - 12:00
Outcome Confidence
85%

Involved Entities

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