Case Summary
The case involves a partition suit filed by the plaintiff Mary against the defendants, who are her co-owners of the property. The plaintiff seeks her ¼ share in the property, while the defendants are accused of attempting to alienate it.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff satisfactorily proved her entitlement over the plaint schedule property.
The plaintiff satisfactorily proved her entitlement over the plaint schedule property.
Judgment Evidence:
In the result, the suit is decreed exparte as follows: 1. It is hereby declared that the plaintiff and defendants 1 to 8 are co-owners of the plaint schedule property and are entitled to the following shares...
Parties Involved
Plaintiffs
Mary (60 years years)
C/o. Seenu Varghese, Maniyattu House, Vilangu Kara Kizhakkambalam Village, Kunnathunadu Taluk
Defendants
Sunitha (52 years years)
Arackal House, Poyyakkunam Kara, Kizhakkambalam P O, Kizhakkambalam Village, Kunnathunadu Taluk
Alex Varghese (28 years years)
Arackal House, Poyyakkunam Kara, Kizhakkambalam P O, Kizhakkambalam Village, Kunnathunadu Taluk
Aleena Varghese (21 years years)
Arackal House, Poyyakkunam Kara, Kizhakkambalam P O, Kizhakkambalam Village, Kunnathunadu Taluk
Uma (33 years years)
Parackal House, Koratty Kizhakkumurry P O, Varingamury Kara, Kizhakkumury Village, Mukunthapuram Taluk, Thrissur District
Reshma (31 years years)
Thettayil House, Kidangoor P O, Kidangoor Kara, Thuravoor Village, Aluva Taluk
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration of shares in the plaint schedule property.
Evidence:
It is hereby declared that the plaintiff and defendants 1 to 8 are co-owners of the plaint schedule property and are entitled to the following shares.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent injunction restraining the defendants from alienating or encumbering the property.
Evidence:
The defendants, their men and agents are hereby restrained from alienating, encumbering, or in any manner dealing with the plaint schedule property till the partition actually effected.
Relief Type:
Possession
Outcome:
Granted
Description:
Plaintiff entitled to partition and separate possession of her ¼ share of the property.
Evidence:
The plaintiff is entitled to ¼ share in the plaint schedule property, and to have the same partitioned by metes and bounds, and to obtain separate possession of her share.
Documents & Evidence
Document Type:
Certified copy of PATTA
Submitted By:
Plaintiff
Relevance:
Establishes that the property originally stood in the name of Arakkal Devassy and subsequently devolved upon the legal heirs, including the plaintiff.
Reference:
Ext.A1