Case Summary
The plaintiff, L. Sakuntha Mani, and the defendants, who are siblings, are co-owners of certain properties. The plaintiff has filed for partition of property they jointly own.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A preliminary decree of partition of the plaint A schedule property shall be divided into two equal shares by metes and bounds.
Case Type
Civil Suit
Final Judgment
No
The court passed a preliminary decree for partition in favor of the plaintiff, allowing her a share in the plaint A schedule property.
Why Plaintiff Won:
The plaintiff's right over the plaint A schedule property was supported by evidence from multiple settlement and partition deeds.
The plaintiff's right over the plaint A schedule property was supported by evidence from multiple settlement and partition deeds.
Losing Side's Weaknesses:
The plaintiff's right over the plaint A schedule property was supported by evidence from multiple settlement and partition deeds.
The plaintiff's right over the plaint A schedule property was supported by evidence from multiple settlement and partition deeds.
Supporting Evidence
From the plaint averments and Exts.A1 to A3, it is clear that the plaintiff is entitled to a preliminary decree of partition of the plaint A schedule property by metes and bounds.
Judgment Evidence:
In the result, the suit decreed and a preliminary decree of partition is passed in the following terms: 1.Plaint A schedule property shall be divided into two equal shares by metes and bounds.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- L. Sakuntha Mani
- Party Age
- 64
- Relation
- W/o Late Udayabhanu
- Party Role
- Defendant
- Party Name
- Rajamani Ashokan
- Party Age
- 67
- Relation
- D/o Rajamma
- Party Role
- Defendant
- Party Name
- Rajakumari Maniyan
- Party Age
- 65
- Relation
- W/o Pangajakshan @ Maniyan
Plaintiffs Documents
Sale Deed No. 4212/2006, Settlement Deed No. 2396/1986, Partition Deed No. 1080/2001
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Rajeswari.J
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Pooja Rajendaran
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Monica Saji
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Richard & Laila M.N.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Chavara Francis Jude Netto
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Preliminary decree of partition of the plaint A schedule property.
Evidence:
From the plaint averments and Exts.A1 to A3, it is clear that the plaintiff is entitled to a preliminary decree of partition of the plaint A schedule property by metes and bounds.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proves the plaintiff's right over the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Confirms the settlement of the property and the plaintiff's entitlements.
Reference:
Ext.A2
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiff's claims made in the suit regarding the property.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
OS.NO.
Case Code Year
2023