Case Summary
KUNHABDULLA, the plaintiff, is seeking a final decree in a partition suit against KUNHALI and other defendants regarding the division of property as per a preliminary decree. The property has been measured, and shares have been allocated to each party as per the court's decision.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition of property and separate possession allocated as per shares.
Case Type
Civil Suit
Final Judgment
No
The court has passed a final decree partitioning the property among the parties according to the shares determined in the preliminary decree. Each party is entitled to specific plots as detailed in the judgment.
Why Plaintiff Won:
The court found that the partition was necessary as per the preliminary decree and the commission report substantiated the claim.
The court found that the partition was necessary as per the preliminary decree and the commission report substantiated the claim.
Losing Side's Weaknesses:
The court found that the partition was necessary as per the preliminary decree and the commission report substantiated the claim.
The court found that the partition was necessary as per the preliminary decree and the commission report substantiated the claim.
Supporting Evidence
As per the discussions in the commission report and preliminary decree and judgment dated 07.06.2022, the property was identified and measured accordingly. Based on the report, the shares have been duly allocated.
Judgment Evidence:
Therefore, a final decree is passed as follows: The plaint schedule property is divided into 11 equal shares. Plot C which is the property mentioned in item No.1 is allotted to the share of the petitioner and is entitled for partition and separate possession over the same.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- KUNHABDULLA
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- KUNHALI
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- BASHEER
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- NASAR
- Party Age
- 51
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- ALIYUMMA
- Party Age
- 71
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- KADEESA
- Party Age
- 63
- Relation
- D/o
Plaintiffs Documents
Nil
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C. R. Biju
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K. P. Vimesh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Partition and separate possession of the plaint schedule property.
Evidence:
The plaint schedule property is divided into 11 equal shares.
Relief Type:
Damages
Outcome:
Granted
Description:
Order for the first respondent to pay amounts to other respondents.
Evidence:
The 1st respondent has to give an amount of Rs.8,164/- to the petitioner, to the 2nd respondent an amount of Rs.6,930/-.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The commission report provides details on how the property was measured and divided.
Reference:
Ext.C1
Document Type:
Surveyor plan
Submitted By:
Court
Relevance:
The surveyor plan outlines the division of the property into equal shares.
Reference:
Ext.C2
Document Type:
Share List
Submitted By:
Court
Relevance:
The share lists detail the allotment of property shares to the parties involved.
Reference:
Ext.C2 (a) to Ext.C2 (g)
Document Type:
NJ Stamp Account
Submitted By:
Court
Relevance:
The NJ Stamp Account provides the necessary details for the valuation of non-judicial stamp paper.
Reference:
Ext.C2 (h)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Partition of property
Case Code
OS
Case Code Year
2021