OS. No. 117/2023

Case between Mathew.W (Mathukutty) vs Sosamma et al regarding Partition

Court

IN THE COURT OF THE MUNSIFF, KOLLAM

Judge

Smt. Ragi.S.

Order Date

2025-03-24

Duration

approximately-2 years 3 months

Case Closed

Mon, 03/24/2025 - 12:00

Judgement document from eCourt website

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Case Summary

The plaintiff, Mathew.W, is seeking a partition of property from his sisters, the defendants. The case involves a demand for a decree of partition of specific properties that the plaintiff claims entitlement to.

Judgment Outcome

Plaintiff Won

Interim Order

The court decreed the suit for partition, allowing the plaintiff to receive 4/6 share of the property sought. A preliminary decree was passed for dividing the plaint schedule property.

Judgment Favored

Plaintiff

Relief Granted

Preliminary decree for partition allowing 4/6 share to the plaintiff

Case Type

Civil Suit

Final Judgment

The court decreed the suit for partition, allowing the plaintiff to receive 4/6 share of the property sought. A preliminary decree was passed for dividing the plaint schedule property.

Why Plaintiff Won:
The plaintiff successfully proved entitlement to the share based on the settlement deed and other evidentiary documents.

Losing Side's Weaknesses:
Not available

Supporting Evidence

Here there is no contra evidence to prove otherwise. From the plaint averments and Exts.A1 and A2, it is clear that the plaintiff is entitled to get a decree of partition of the plaint schedule property by metes and bounds as prayed for.

Judgment Evidence:

In the result, the suit decreed. A preliminary decree for partition is passed as follows: 1.Plaint schedule property shall be divided into six equal shares by metes and bounds. 2.The plaintiff is entitled to get 4/6 share over plaint schedule property by metes and bounds and her share shall be separated.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Mathew.W (Mathukutty)
Party Age: 67
Relation: S/o

Party Role: Defendant
Party Name: Sosamma
Party Age: 70
Relation: W/o

Party Role: Defendant
Party Name: Ani
Party Age: 62
Relation: W/o

Plaintiffs Documents

Certified copy of Settlement Deed No. 2266/09, Certified copy of Release Deed

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: K.Abdul Shahan
Appearance Type: Main Counsel

Reliefs

Relief Type: Possession

Outcome: Granted

Description:

Decree of partition to allot 4/6 share over plaint schedule property to the plaintiff by metes and bounds.

Evidence:

In the result, the suit decreed. A preliminary decree for partition is passed as follows: 1.Plaint schedule property shall be divided into six equal shares by metes and bounds.

Documents & Evidence

Document Type: Settlement Deed

Submitted By: Plaintiff

Relevance:

Certified copy of Settlement Deed No. 2266/2009 dated 24/10/2009 shows that the plaintiff and the defendants are the joint owners of plaint schedule properties.

Reference:

Ext.A1

Document Type: Release deed