Original Suit No. 179 OF 2014

Case between Mechery Moideen's Children et al vs Biriyumma et al regarding partition

Court

Court of the Munsiff of Tirur

Judge

SRI. BIJU V.G.

Order Date

2015-03-28

Duration

1 year 27 days

Case Closed

Sat, 03/28/2015 - 12:00

Judgement document from eCourt website

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Case Summary

Plaintiffs, children of Mechery Moideen, filed a suit against defendants for partition of co-owned property that was previously involved in a suit for partition in 1961.

Judgment Outcome

Plaintiff Won

Interim Order

The court decreed the suit for partition, allotting different shares to the plaintiffs and defendants in the co-owned property.

Judgment Favored

Plaintiff

Relief Granted

Partition of property

Case Type

Civil Suit - Partition

Final Judgment

The court decreed the suit for partition, allotting different shares to the plaintiffs and defendants in the co-owned property.

Why Plaintiff Won:
The plaintiffs provided cogent and reliable evidence to support their entitlement to the partitioned shares in the co-owned property.

Losing Side's Weaknesses:
The plaintiffs provided cogent and reliable evidence to support their entitlement to the partitioned shares in the co-owned property.

Supporting Evidence

The plaintiff No.6 filed was examined as PW1. He affidavit in lieu of examination in chief reiterating the averments in the plaint. The evidence adduced by PW1 remained unchallenged.

Judgment Evidence:

Therefore, I hold a view that the plaintiffs have proved their case by adducing cogent and reliable evidence and they are entitled for a decree as prayed for.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Fathima
Party Age: 72
Relation: W/o. Thareekutty Master

Party Role: Defendant
Party Name: Biriyumma
Party Age: 56
Relation: W/o. Mechery Moideen's son Abdul Rasak

Plaintiffs Documents

Ext.A1: Certified copy of Commissioner's report in O.S.100/1961

Defendants Documents

Not mentioned

Advocates

Reliefs

Relief Type: Partition

Outcome: Granted

Description:

Partition of the co-owned property among plaintiffs and defendants based on their entitled shares.

Evidence:

Court's decree with specific allotment of shares to each party.

Documents & Evidence

Document Type: Commissioner's Report

Submitted By: Plaintiff

Relevance:

Certified copy of the Commissioner's report in O.S.100/1961 supporting the plaintiffs' claim in the present suit.

Reference:

Ext.A1

Case Classification