Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
OS. No.62/2020

Case between Mini vs Kunjappan et al regarding partition.

Court
THE COURT OF THE MUNSIFF KOLENCHERY
Judge
Smt. Sirsha N A
Order Date
2024-03-20
Duration
approximately-3 years 10 months
Case Closed

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

The plaintiff, Mini, is seeking a partition of the property after the death of her mother, Mariyakutty. The defendants include her father, Kunjappan, and her half-brother, Binu, both of whom have been set ex-parte for failing to appear before the court.

Judgment Outcome

Plaintiff Won
Interim Order
The court has passed a preliminary decree for partition, entitling the plaintiff to a 1/3rd share of the property.
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree of partition
Case Type
Civil Suit
Final Judgment
No
The court has passed a preliminary decree for partition, entitling the plaintiff to a 1/3rd share of the property.
Why Plaintiff Won:
The court found that the plaintiff is legally entitled to a share of the property as per the provisions of the Indian Succession Act.
Losing Side's Weaknesses:
The court found that the plaintiff is legally entitled to a share of the property as per the provisions of the Indian Succession Act.
Supporting Evidence
The plaintiff and defendants belong to Christian community and they are governed by the provisions of Indian Succession act in the matter of intestate succession. Hence the plaintiff and defendants have got 1/3rd equal over the Plaint Schedule Property.

Judgment Evidence:

In the result, a preliminary decree of partition is hereby passed decreed as follows: a) The plaint schedule property must be divided into 3 equal shares by metes and bounds partition of which plaintiff is entitled to get 1/3rd share and the defendants is entitled to get 2/3rd share.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Mini
Party Age
51
Relation
W/o
Party Role
Defendant
Party Name
Kunjappan
Party Age
75
Relation
S/o
Party Role
Defendant
Party Name
Binu
Party Age
43
Relation
S/o
Plaintiffs Documents
Certified copy of Deed No.2452/1975 of SRO Puthencruz, Death Certificate issued from Kochi Municipal Corporation.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
M/s. M Jayalal and C R Vinodkumar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Babu T Cherinan
Appearance Type
Main Counsel

Reliefs

Relief Type: Partition
Outcome: Granted
Description:
Plaintiff requested partition of the plaint schedule property.
Evidence:
a) The plaint schedule property must be divided into 3 equal shares by metes and bounds partition of which plaintiff is entitled to get 1/3rd share and the defendants is entitled to get 2/3rd share.
Relief Type: Possession
Outcome: Granted
Description:
The plaintiff must be put into possession of her 1/3rd share of the property.
Evidence:
b) 1/3rd share of the plaintiff must be separated and the plaintiff must be put into a possession over the same.

Documents & Evidence

Document Type: Certified Copy of Deed
Submitted By: Plaintiff
Relevance:
The document establishes the ownership of the plaintiff's mother over the property being partitioned.
Reference:
Ext.A1
Document Type: Death Certificate
Submitted By: Plaintiff
Relevance:
The document provides proof of the mother's death, which is relevant for the partition case.
Reference:
Ext.A2
Document Type: Oral Evidence
Submitted By: Unknown
Relevance:
Plaintiff was examined as PW1 to support her claims.
Reference:

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Intestate succession
Case Code
Case between Mini vs Kunjappan et al regarding partition.
Case Code Year
Case between Mini vs Kunjappan et al regarding partition.

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Case Filed
Fri, 03/20/2020 - 12:00
Case Closed
From
Fri, 03/01/2024 - 12:00
To
Sat, 03/30/2024 - 12:00
Outcome Confidence
80%

Involved Entities

Private Individual

Similar Cases

Case between David vs Baby, Kunjamma regarding mandatory injunction
COURT OF THE MUNSIFF KOLENCHERY
Civil Suit Plaintiff Won
Case between Saranya Rajesh vs Yesodha Mani @ Manju et al regarding partition and permanent prohibitory injunction
IN THE COURT OF THE MUNSIFF KOLENCHERY
Civil Suit Plaintiff Won
Case between Ammini et al vs Ajitha Sunil et al regarding partition
IN THE COURT OF THE MUNSIFF KOLENCHERY
Civil Suit Plaintiff Won
Case between Greeshma Devi vs Sudha Devi, Kristhudas regarding partition
COURT OF THE MUNSIFF KOLENCHERY
Civil Suit Plaintiff Won
Case between Thankappan vs Lakshmanan et al regarding partition
COURT OF THE MUNSIFF, PERUMBAVOOR
Civil Suit Plaintiff Won