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O.S. No. 272/2022

Case between Kuruvilla T John @ Shibu vs Jayamol T John et al regarding partition and consequential reliefs.

Court
COURT OF THE MUNSIFF, KOTTAYAM
Judge
Smt. Indu P Raj
Order Date
2025-11-25
Duration
approximately-3 years 10 months
Case Closed
Tue, 11/25/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Kuruvilla T John @ Shibu is the plaintiff seeking partition of family properties from his siblings. The suit addresses disputes regarding co-ownership and division of inherited properties after the death of their parents.

Judgment Outcome

Plaintiff Won
Interim Order
The court concluded that the plaintiff is entitled to a 1/5 share in Item No. 1 and a 1/2 share in Item No. 2 of the plaint schedule properties. A preliminary decree for partition was passed along with a permanent injunction prohibiting defendants from committing acts of waste.
Judgment Favored
Plaintiff
Relief Granted
1/5 share in Item No.1, and ½ share in Item No.2 of the plaint schedule properties. Prohibitory injunction against acts of waste.
Case Type
Civil Suit
Final Judgment
No
The court concluded that the plaintiff is entitled to a 1/5 share in Item No. 1 and a 1/2 share in Item No. 2 of the plaint schedule properties. A preliminary decree for partition was passed along with a permanent injunction prohibiting defendants from committing acts of waste.
Why Plaintiff Won:
The court found the plaintiff's claims substantiated by the registered partition and gift deeds.
Losing Side's Weaknesses:
The court found the plaintiff's claims substantiated by the registered partition and gift deeds.
Supporting Evidence
Exhibit A1 Partition Deed 3612/1996 clearly shows that Item No.1 of the plaint schedule was allotted jointly to the mother Pennamma and her five children. Hence, title of the plaintiff is fully established.

Judgment Evidence:

In the result, the suit is decreed in part as follows: 1. It is declared that the plaintiff is entitled to 1/5 share in Item No.1, and ½ share in Item No.2 of the plaint schedule properties. 2. A preliminary decree for partition is hereby passed accordingly.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Kuruvilla T John @ Shibu
Party Age
56
Relation
S/o. Late T P John
Party Role
Defendant
Party Name
Jayamol T John
Party Age
61
Relation
W/o. Thomas E C
Party Role
Defendant
Party Name
Raju T John
Party Age
58
Relation
S/o. T P John
Party Role
Defendant
Party Name
Sheeba T John
Party Age
54
Relation
W/o. K K Zachariah
Party Role
Defendant
Party Name
Shiny T John
Party Age
51
Relation
D/o. Late T P John
Plaintiffs Documents
Certified copy of partition deed no.3612/1996, Certified copy of gift deed No.3866/1997, Land tax receipt (Thandaper NO.9356, Nattakom Village), Land Tax receipt (Thandaper No.9432, Nattakom Village), Copy of building tax receipt issued from Kottayam Municipality
Defendants Documents
Consent letter (Permit) issued from Nattakom Gramapanchayat, Building tax receipt issued from Kottayam Municipality, Labour estimate of the proposed residential building, Bills received for the purchase of building materials, Medical Certificate of Shiny T John issued by Dr. Suresh G A

Advocates

Party Role
Plaintiff
Advocate Name
Georgekutty C A
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Shaji Varghese
Appearance Type
Main Counsel

Reliefs

Relief Type: Partition
Outcome: Granted
Description:
Plaintiff is entitled to 1/5 share in Item No.1 and ½ share in Item No.2.
Evidence:
It is declared that the plaintiff is entitled to 1/5 share in Item No.1, and ½ share in Item No.2.
Relief Type: Permanent Injunction
Outcome: Granted
Description:
Defendants are restrained from committing any act of waste or making any alteration in the plaint schedule properties until the final decree is passed.
Evidence:
The defendants are restrained by permanent prohibitory injunction from committing any act of waste or making any alteration in the plaint schedule properties until the final decree is passed.

Documents & Evidence

Document Type: Partition Deed
Submitted By: Plaintiff
Relevance:
Establishes the joint allotment of plaint item No.1.
Reference:
Ext.A1
Document Type: Gift Deed
Submitted By: Plaintiff
Relevance:
Establishes the plaintiff's ½ share in item No.2.
Reference:
Ext.A2
Document Type: Land Tax Receipt
Submitted By: Plaintiff
Relevance:
Evidence related to property tax for plaint item.
Reference:
Ext.A3
Document Type: Land Tax Receipt
Submitted By: Plaintiff
Relevance:
Evidence related to property tax for plaint item.
Reference:
Ext.A4
Document Type: Building Tax Receipt
Submitted By: Plaintiff
Relevance:
Evidence related to property tax for plaint item.
Reference:
Ext.A5
Document Type: Consent letter
Submitted By: Defendant
Relevance:
Document related to permission for construction.
Reference:
Ext.B1
Document Type: Building Tax Receipt
Submitted By: Defendant
Relevance:
Evidence related to property tax for defendant's item.
Reference:
Ext.B2
Document Type: Labour Estimate
Submitted By: Defendant
Relevance:
Estimate for proposed residential building construction.
Reference:
Ext.B3
Document Type: Bills for Building Materials
Submitted By: Defendant
Relevance:
Bills for materials used in construction.
Reference:
Ext.B4 series
Document Type: Medical Certificate
Submitted By: Defendant
Relevance:
Medical documentation related to the health of a defendant.
Reference:
Ext.B5
Document Type: Oral Evidence
Submitted By: Plaintiff
Relevance:
Testimonies supporting the claim for partition.
Reference:

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Kuruvilla T John @ Shibu vs Jayamol T John et al regarding partition and consequential reliefs.
Case Code Year
Case between Kuruvilla T John @ Shibu vs Jayamol T John et al regarding partition and consequential reliefs.

Quick Facts

Location
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Case Filed
Sat, 01/01/2022 - 12:00
Case Closed
Tue, 11/25/2025 - 12:00
From
Wed, 10/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
85%

Involved Entities

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