Case Summary
The case involves a petition for partition of property among the plaintiffs and the defendant, following a preliminary decree. The plaintiffs seek their respective shares in the property that was previously established as partible.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition of property and financial compensation among the parties.
Case Type
Final Decree Petition
Final Judgment
No
The court passed a final decree for partitioning the property, allotting shares to each party as per the plan submitted. The final decree includes financial settlements between the parties as well.
Why Plaintiff Won:
The plaintiffs successfully established their entitlement to the property shares as per the preliminary decree.
The plaintiffs successfully established their entitlement to the property shares as per the preliminary decree.
Losing Side's Weaknesses:
The plaintiffs successfully established their entitlement to the property shares as per the preliminary decree.
The plaintiffs successfully established their entitlement to the property shares as per the preliminary decree.
Supporting Evidence
The plaintiffs are entitled for their respective sharers and separate possession by metes and bounds.
Judgment Evidence:
Final Decree is passed in accordance with Exhibit C1 series.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Marykutty
- Party Age
- 63
- Relation
- W/o Late Mathai
- Party Role
- Plaintiff
- Party Name
- Nancy Mathew
- Party Age
- 38
- Relation
- D/o Late Mathai
- Party Role
- Defendant
- Party Name
- Merlin Mathew
- Party Age
- 34
- Relation
- D/o Late Mathai
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Mathew P V
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- V K Sathyavan Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Partition and allotment of specific plots to the petitioners and respondent.
Evidence:
Final Decree is passed in accordance with Exhibit C1 series as follows; 1) The petitioner no.1/plaintiff no.1 is allotted plot "XPQRSTUVWX".
Relief Type:
Monetary Compensation
Outcome:
Granted
Description:
Monetary payments between petitioners and respondent as compensation for residential building value.
Evidence:
1st petitioner shall pay an amount of Rs.6,33,333/- to the second petitioner and the respondent each as value of the residential building.
Relief Type:
Monetary Compensation
Outcome:
Granted
Description:
Further monetary payments detailed in the decree between the parties.
Evidence:
The first petitioner shall further pay an amount of Rs.10,956/- each and an amount of Rs.10,851/- each to the second petitioner and the respondent.
Relief Type:
Monetary Compensation
Outcome:
Granted
Description:
Second petitioner to pay amounts outlined in the decree.
Evidence:
The second petitioner shall pay an amount of Rs.10,867/- each and Rs.2,984/- each to the first petitioner and the respondent.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The court accepted the commission report and plan for partition.
Reference:
Ext.C1
Document Type:
Survey plan of plaint schedule property
Submitted By:
Court
Relevance:
The court allotted plots as per the survey plan marked as Ext.C1(a).
Reference:
Ext.C1(a)
Document Type:
Survey plan of plaint schedule property
Submitted By:
Court
Relevance:
The court allotted additional plots as per the survey plan marked as Ext.C1(b).
Reference:
Ext.C1(b)
Case Classification
Case Type
Final Decree Petition
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Marykutty et al vs Merlin Mathew regarding partition of property
Case Code Year
Case between Marykutty et al vs Merlin Mathew regarding partition of property