Case Summary
Leela and Muchilottummal Bhaskaran are involved in a dispute over the partition of a property inherited from their mother. The case also includes a claim for permanent prohibitory injunction against the fifth defendant, who has been accused of attempting to cut trees on the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition and separate possession over respective shares.
Case Type
Civil Suit
Final Judgment
No
The court ordered the partition of the property between the plaintiff and the fifth defendant. The plaintiff is entitled to a half share of the plaint B schedule property.
Why Plaintiff Won:
The property is found to be partible and the plaintiff is entitled to a share based on the Hindu Succession Act.
The property is found to be partible and the plaintiff is entitled to a share based on the Hindu Succession Act.
Losing Side's Weaknesses:
The property is found to be partible and the plaintiff is entitled to a share based on the Hindu Succession Act.
The property is found to be partible and the plaintiff is entitled to a share based on the Hindu Succession Act.
Supporting Evidence
The court found that the plaintiff is entitled to the share of her deceased brother Achuthan as per Sec.8 of the Hindu Succession Act 1956.
Judgment Evidence:
The plaint schedule property as stated in schedule B of the plaint is divided into 2 equal parts and the plaintiff is entitled to get ½ share over the plaint schedule property and the defendant No.5 is entitled to get his ½ share over the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Leela
- Party Age
- 62
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Sajeevan
- Party Age
- 44
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Muchilottummal Bhaskaran
- Party Age
- 76
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Valiya Parambath Meethal Santha
- Party Age
- 65
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Babu
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Pushpa
- Party Age
- 48
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Kallulla Kuttiyil Kunhabdulla
- Party Age
- 60
- Relation
- S/o
Plaintiffs Documents
Certified copy of Partition Deed No. 1277/1980, Death Certificate of Smt. Chirutha, Death Certificate of Sri. Achuthan.
Defendants Documents
Certified copy of Assignment Deed No. 160/2022.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Madhusoodhanan. C
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Ragesh. M
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. C. R. Biju
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
The plaintiff sought a permanent prohibitory injunction against the fifth defendant.
Evidence:
The counsel for the plaintiff at the time of argument has stated that they are not pressing for a relief of permanent prohibitory injunction against D5 as D5 is now the co-owner.
Relief Type:
Partition
Outcome:
Granted
Description:
The plaintiff sought partition of the plaint B schedule property.
Evidence:
The plaint schedule property as stated in schedule B of the plaint is divided into 2 equal parts and the plaintiff is entitled to get ½ share over the plaint schedule property.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Evidence of ownership and possession by the plaintiff's mother.
Reference:
Ext.A1
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Document certifying the death of Smt. Chirutha, relevant for inheritance.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Document certifying the death of Sri. Achuthan, relevant for inheritance.
Reference:
Ext.A3
Document Type:
Assignment Deed
Submitted By:
Defendant
Relevance:
Document evidencing the transfer of shares from defendants 1 to 4 to the fifth defendant.
Reference:
Ext.B1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report related to property for determining partition.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Another commission report crucial for partition proceedings.
Reference:
Ext.C2
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
Case between Leela vs Muchilottummal Bhaskaran et al regarding partition and permanent prohibitory injunction.
Case Code Year
Case between Leela vs Muchilottummal Bhaskaran et al regarding partition and permanent prohibitory injunction.