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
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.
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.
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