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
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.
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
Plaintiffs
Modavangattil Puthenveettil Narayana Menon (Age not specified years)
Vettom Amsom, Vemanna Desom, Tirur Taluk
Defendants
Sreedharan (Age not specified years)
Vettom Amsom, Vemanna Desom, Tirur Taluk
Karthiayani (Age not specified years)
Vettom Amsom, Vemanna Desom, Tirur Taluk
Saraswathy (Age not specified years)
Vettom Amsom, Vemanna Desom, Tirur Taluk
Yasoda (Age not specified years)
Vettom Amsom, Vemanna Desom, Tirur Taluk
Suresan (Age not specified years)
Vettom Amsom, Vemanna Desom, Tirur Taluk
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