Case Summary
The plaintiffs, led by Kuttikkattil Kishor Kumar, filed a suit for partition against the defendants, including Kuttikkattil Prema Leela. The matter was referred to mediation and was settled with terms agreed upon by both parties.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The property is allotted to the third defendant with a charge for payment to the other parties.
Case Type
Civil Suit
Final Judgment
No
The court found that the parties agreed to settle the matter through mediation. The property is to be allotted to the third defendant, who is required to pay the respective shares to the other parties.
Why Plaintiff Won:
The plaintiffs and defendants reached a lawful agreement through mediation.
The plaintiffs and defendants reached a lawful agreement through mediation.
Losing Side's Weaknesses:
The plaintiffs and defendants reached a lawful agreement through mediation.
The plaintiffs and defendants reached a lawful agreement through mediation.
Supporting Evidence
The plaintiffs and defendants altogether agreed to allot the said property to the defendant No.3.
Judgment Evidence:
In the result, 1.The item marked in Ext.C1 having an extent of 6.04 cents is allotted to the defendant No.3. 2.The third defendant shall pay the amount of shares with respect to the property to the defendants No. 1, 2, 4, 5 and the plaintiffs within 1 month from 18.10.2025.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kuttikkattil Kishor Kumar
- Party Age
- 60
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Kuttikkattil Pradeep Kumar
- Party Age
- 56
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Kuttikkattil Kamala
- Party Age
- 55
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Kuttikkatiil Santhosh Kumar
- Party Age
- 50
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Kuttikkattil Usha Devi
- Party Age
- 54
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Kuttikkattil Prema Leela
- Party Age
- 71
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Kuttikkattil Radha
- Party Age
- 64
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Kuttikkattil Mani
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kuttikkattil Gouri
- Party Age
- 60
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Kuttikkattil Sreenivasan
- Party Age
- 54
- Relation
- S/o
Plaintiffs Documents
Mediation report, Joint statement.
Defendants Documents
Written statement.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. E. V. Viswambharan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. R. Rajesh
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K. S. Rajagopalan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The property is allotted to defendant No.3.
Evidence:
The item marked in Ext.C1 having an extent of 6.04 cents is allotted to the defendant No.3.
Relief Type:
Recovery
Outcome:
Granted
Description:
The third defendant shall pay the amount of shares with respect to the property.
Evidence:
The third defendant shall pay the amount of shares with respect to the property to the defendants No. 1, 2, 4, 5 and the plaintiffs within 1 month from 18.10.2025.
Relief Type:
Charge
Outcome:
Granted
Description:
There shall be a charge over the property allotted to the third defendant.
Evidence:
There shall be a charge over the property allotted to the third defendant for the amount to be paid to the plaintiffs and defendants No.1,2, 4 and 5.
Relief Type:
Execution
Outcome:
Granted
Description:
Defendant No.3 must produce a non-judicial stamp paper for engrossing the final decree.
Evidence:
Defendant No.3 within 3 months, shall produce non judicial stamp paper for engrossing final decree.
Relief Type:
Other
Outcome:
Granted
Description:
The joint statement will form part of the decree.
Evidence:
Joint statement will form part of the decree.
Documents & Evidence
Document Type:
Joint statement
Submitted By:
Court
Relevance:
The joint statement is accepted as part of the judgment and outlines the agreed terms between the parties.
Reference:
Ext.C1(a)
Document Type:
Plan
Submitted By:
Court
Relevance:
The plan illustrating the plaint schedule property is acknowledged in the judgment.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Partition
Case Code
Case between Kuttikkattil Kishor Kumar et al vs Kuttikkattil Prema Leela et al regarding partition.
Case Code Year
Case between Kuttikkattil Kishor Kumar et al vs Kuttikkattil Prema Leela et al regarding partition.
Case Flags
Adalath Resolved
Out-of-Court Settlement