Case Summary
Modavangattil Puthenveettil Narayana Menon, the petitioner, filed for a final decree for partition of property after a preliminary decree was issued. The court recognized the need for division as per the preliminary decree and appointed an Advocate Commissioner for the partition process.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Final decree for partition and monetary equalization
Case Type
Interlocutory Application
Final Judgment
No
The court allowed the petition for partition and passed a final decree confirming the Advocate Commissioner's report. The property was divided into specified plots with monetary equalization for the shares.
Why Plaintiff Won:
The Advocate Commissioner effectively divided the property according to the preliminary decree.
The Advocate Commissioner effectively divided the property according to the preliminary decree.
Losing Side's Weaknesses:
The Advocate Commissioner effectively divided the property according to the preliminary decree.
The Advocate Commissioner effectively divided the property according to the preliminary decree.
Supporting Evidence
Advocate Commissioner reported that the total extent of the decree schedule property, after excluding the portion of property set apart for way, available for partition is 62.4 cents.
Judgment Evidence:
In the result, the petition is allowed and final decree for partition is passed as follows: The decree schedule property, having an extent of 52 cents, shown as plot No.1 (ABCD) in Ext.C2 plan is allotted to to the share of the petitioner.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Modavangattil Puthenveettil Narayana Menon
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sreedharan
- Party Role
- Defendant
- Party Name
- Karthiayani
- Party Role
- Defendant
- Party Name
- Saraswathy
- Party Role
- Defendant
- Party Name
- Yasoda
- Party Role
- Defendant
- Party Name
- Suresan
- Relation
- S/o
Plaintiffs Documents
Preliminary decree for partition dated 30.10.2015
Defendants Documents
Court exhibits C1 and C2, Commission report and plan submitted by Advocate Commissioner.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C. Nandakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.C. Shanmughan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Final decree for partition is passed in favor of the petitioner for the share of the property.
Evidence:
In the result, the petition is allowed and final decree for partition is passed as follows:- i. The decree schedule property, having an extent of 52 cents, shown as plot No.1 ( ABCD) in Ext.C2 plan is allotted to to the share of the petitioner.
Relief Type:
Possession
Outcome:
Granted
Description:
Final decree for partition is passed for the respondents' share of the property.
Evidence:
ii. The decree schedule property having an extent of 10.40 cents shown as plot No.2 ( BCEFG) in Ext.C2 plan is allotted to the share of the respondents jointly.
Relief Type:
Other
Outcome:
Granted
Description:
Petitioner directed to pay amount for equalization of shares.
Evidence:
iii. The petitioner shall pay an amount of Rs.83.35/- to the respondents towards equalisation of shares.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report submitted by the Advocate Commissioner regarding the division of property.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Commission plan submitted by the Advocate Commissioner concerning the layout of the property for partition.
Reference:
Ext.C2
Case Classification
Case Type
Interlocutory Application
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Partition of property
Case Code
Case between Modavangattil Puthenveettil Narayana Menon vs Kuruppath Velayudhan's children regarding partition of property
Case Code Year
Case between Modavangattil Puthenveettil Narayana Menon vs Kuruppath Velayudhan's children regarding partition of property