Case Summary
This case involves Manojkumar P.P. and others as plaintiffs seeking a final decree in an ongoing suit for partition against K.S. Raju and others. The plaintiffs are seeking to partition property previously outlined in a preliminary decree from 2012.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Final decree for partition of property
Case Type
Civil Suit
Final Judgment
No
The court accepted the commissioner's report and the petition for a final decree of partition was granted, allotting appropriate shares to the plaintiffs. The plaintiffs are to receive combined shares as part of a joint allotment.
Why Plaintiff Won:
The court accepted the commissioner's findings regarding the equitable partition of the property.
The court accepted the commissioner's findings regarding the equitable partition of the property.
Losing Side's Weaknesses:
The court accepted the commissioner's findings regarding the equitable partition of the property.
The court accepted the commissioner's findings regarding the equitable partition of the property.
Supporting Evidence
I am of the opinion that the Commissioner has effected a partition of the property in an equitable manner as per Exhibits C1, C2, and C2(a) and C2(b). The commissioner's report and sketches can be accepted for passing the final decree and it is accepted so with respect to the allotment of share to the plaintiffs.
Judgment Evidence:
In the result, the final decree is passed as follows: I. The plot A (pink shaded) in the C2(b) sketch, having an extent of 0.47 Ares, in re survey number 283/23 in Block Number 3 of Mulavukad village, is therefore jointly allotted to the petitioners.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Manojkumar P.P.
- Party Age
- 38
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Manju Rajan
- Party Age
- 37
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Manisha Byju
- Party Age
- 32
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- K.S. Raju
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M.S. Baby
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- K.S. Sasi
- Party Role
- Defendant
- Party Name
- K.S. Dileepkumar
- Party Role
- Defendant
- Party Name
- K.S. Bhasura
- Relation
- W/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- C.P Peethambaran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Antony Lijo M.X
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Vijaya Babu B.R
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.P Aravindakshan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Santhosh G. Prabhu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Deepa N.U
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- N. Retheesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Suma Retheesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shaiju K.S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Arjun J. Das
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- A. Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- R. Rajesh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Petitioners are jointly allotted property in terms of the final decree.
Evidence:
The plot A (pink shaded) in the C2(b) sketch, having an extent of 0.47 Ares, in re survey number 283/23 in Block Number 3 of Mulavukad village, is therefore jointly allotted to the petitioners.
Relief Type:
Other
Outcome:
Granted
Description:
The petitioners shall produce non-judicial stamp paper for engrossing the final decree.
Evidence:
The petitioners shall produce non judicial stamp paper of requisite value for engrossing the final decree, within two months.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Filed by the advocate commissioner for consideration of the petition.
Reference:
Ext.C1
Document Type:
Additional Commission Report
Submitted By:
Court
Relevance:
Filed detailing additional findings related to the partition.
Reference:
Ext.C2
Document Type:
Sketch
Submitted By:
Court
Relevance:
Showing the partition and allotment of the properties without the ladder.
Reference:
C2(a)
Document Type:
Sketch
Submitted By:
Court
Relevance:
Detailed sketch showing the ladder of the survey for consideration.
Reference:
C2(b)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Manojkumar P.P. et al vs K.S. Raju et al regarding final decree for partition
Case Code Year
Case between Manojkumar P.P. et al vs K.S. Raju et al regarding final decree for partition