Case Summary
Petitioner filed a petition under order 26 Rule 13 of the Civil Procedure Code for deputing an Advocate Commissioner to effect division of the property as per the preliminary decree for partition.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Final decree for partition
Case Type
Civil Suit - Partition
Final Judgment
No
The petitioner was granted a final decree for partition. Property was divided between the parties based on the Advocate Commissioner's report and plan.
Why Plaintiff Won:
The Advocate Commissioner divided the property in an equitable manner after valuing the assets, hence the final decree was passed in favor of the petitioner.
The Advocate Commissioner divided the property in an equitable manner after valuing the assets, hence the final decree was passed in favor of the petitioner.
Losing Side's Weaknesses:
The Advocate Commissioner divided the property in an equitable manner after valuing the assets, hence the final decree was passed in favor of the petitioner.
The Advocate Commissioner divided the property in an equitable manner after valuing the assets, hence the final decree was passed in favor of the petitioner.
Supporting Evidence
Therefore, I hold a view that the Commissioner's report and plan can be accepted and a final decree for partition can be passed.
Judgment Evidence:
The point arises for consideration is:Whether the petitioner is entitled for the relief claimed in the petition.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kumulli Parambil Abdul Salim
- Party Age
- 36
- Relation
- S/o. Hamsa
- Party Role
- Defendant
- Party Name
- Kumulli Parambil Raseena
- Party Age
- 37
- Relation
- D/o. Hamsa
- Party Role
- Defendant
- Party Name
- Padath Peediyekkal Rukhiya
- Party Age
- 40
- Relation
- D/o. Abdurahiman
Plaintiffs Documents
Commissioner Report dated 3-01-2017, Sketch dated 3-01-2017
Defendants Documents
No documents mentioned for the defendants
Advocates
Reliefs
Relief Type:
Final decree for partition
Outcome:
Granted
Description:
Division and allotment of property as per Advocate Commissioner's report and plan
Evidence:
The point arises for consideration is:Whether the petitioner is entitled for the relief claimed in the petition.
Documents & Evidence
Document Type:
Commissioner Report
Submitted By:
Plaintiff
Relevance:
Report filed by Advocate Commissioner after inspection of the property
Reference:
C1
Document Type:
Sketch
Submitted By:
Plaintiff
Relevance:
Plan filed by Advocate Commissioner for partition
Reference:
C2
Case Classification
Case Type
Civil Suit - Partition
Category
Family Property and Partition
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Partition of property
Case Code
Case between Kumulli Parambil Abdul Salim vs Kumulli Parambil Raseena and Padath Peediyekkal Rukhiya regarding partition
Case Code Year
Case between Kumulli Parambil Abdul Salim vs Kumulli Parambil Raseena and Padath Peediyekkal Rukhiya regarding partition