Case Summary
The case involves Lathika and Sheeja as plaintiffs, and Shajin Rajan and Vinitha as defendants. It is about the partition of property originally belonging to the deceased Krishnan Shaji, with the plaintiffs seeking relief from alleged harassment by the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendants from obstructing the residence of plaintiffs in the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The property was determined to be liable for partition, with clear evidence supporting the plaintiffs' entitlement to the majority share.
The property was determined to be liable for partition, with clear evidence supporting the plaintiffs' entitlement to the majority share.
Judgment Evidence:
In the result, the suit is decreed and a preliminary decree of partition is passed as given under: Plaint schedule property is ordered to be partitioned by metes and bounds into three equal shares.
Parties Involved
Plaintiffs
Lathika (62 years)
Chakkalackal House, AKG Nagar, May First Road, Thammanam.P.O., Pin – 682 032
Sheeja (40 years)
Chakkalackal House, AKG Nagar, May First Road, Thammanam.P.O., Pin – 682 032, temporarily residing at Pomala, Odakkaly
Defendants
Shajin Rajan (41 years)
Chakkalackal House, AKG Nagar, May First Road, Thammanam.P.O., Pin – 682 032
Vinitha (24 years)
Chakkalackal House, AKG Nagar, May First Road, Thammanam.P.O., Pin – 682 032
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiffs sought a permanent prohibitory injunction restraining defendants from obstructing their residence in the plaint schedule property.
Evidence:
Accordingly I am satisfied that plaintiffs are entitled for an injunction as sought for.
Relief Type:
Possession
Outcome:
Granted
Description:
A decree for partition was passed, with plaintiffs entitled to a 2/3 share in the plaint schedule property.
Evidence:
Accordingly, plaintiffs are jointly entitled for 2/3 share in plaint schedule property.
Documents & Evidence
Document Type:
Patta
Submitted By:
Plaintiff
Relevance:
This document supports the claim of ownership of the plaint schedule property by the plaintiffs.
Reference:
Ext.A1
Document Type:
Patta
Submitted By:
Plaintiff
Relevance:
This original document verifies the ownership of the plaint schedule property.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of the tax payments associated with the plaint schedule property.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was issued to the defendant, urging partition of the property.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt serves as evidence of sending the lawyer notice to the defendant.
Reference:
Ext.A4(a)