Case Summary
The case involves a petition for the final decree of partition after a preliminary decree was issued, detailing the division of property between the plaintiffs and defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Final decree for partition
Case Type
Civil Suit - Partition
Final Judgment
No
The court passed a final decree for partition, outlining the division of the property between the plaintiffs and defendants.
Why Plaintiff Won:
The court found that the plaintiffs were entitled to specific shares of the property after evaluation by the Advocate Commissioner.
The court found that the plaintiffs were entitled to specific shares of the property after evaluation by the Advocate Commissioner.
Losing Side's Weaknesses:
The court found that the plaintiffs were entitled to specific shares of the property after evaluation by the Advocate Commissioner.
The court found that the plaintiffs were entitled to specific shares of the property after evaluation by the Advocate Commissioner.
Supporting Evidence
Therefore I hold a view that the Commissioner's report and plan can be accepted and a final decree for partition can be passed.
Judgment Evidence:
In the result the suit is decreed as follows: The property having an extend of 17.87 cents shown as Plot 2 in Plan 1 is allotted to the 5/9 shares of the plaintiff in the decree schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Muhammed
- Party Age
- 37
- Relation
- Eldest son of Unichathan Parambil @ Yarathingal Saidalikutty
- Party Role
- Plaintiff
- Party Name
- Kadeeja
- Party Age
- 56
- Relation
- Daughter of Unichathan Parambil @ Yarathingal Saidalikutty
- Party Role
- Plaintiff
- Party Name
- Fathima
- Party Age
- 55
- Relation
- Daughter of Unichathan Parambil @ Yarathingal Saidalikutty
- Party Role
- Plaintiff
- Party Name
- Sulaikha
- Party Age
- 46
- Relation
- Daughter of Unichathan Parambil @ Yarathingal Saidalikutty
- Party Role
- Defendant
- Party Name
- Abdul Kader
- Party Age
- 61
- Relation
- Elder son of Unichathan Parambil @ Yarathingal Saidalikutty
- Party Role
- Defendant
- Party Name
- Abdurahiman
- Party Age
- 51
- Relation
- Son of Unichathan Parambil @ Yarathingal Saidalikutty
Plaintiffs Documents
No specific documents mentioned in the judgment
Defendants Documents
No specific documents mentioned in the judgment
Advocates
Reliefs
Relief Type:
Final decree for partition
Outcome:
Granted
Description:
Division of property as per preliminary decree
Evidence:
Therefore I hold a view that the Commissioner's report and plan can be accepted and a final decree for partition can be passed.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Unknown
Relevance:
Submitted by Smt.Ramya.C.T., Advocate Commissioner, detailing the property division.
Reference:
C1
Document Type:
Commission Plan
Submitted By:
Unknown
Relevance:
Submitted by Smt.Ramya.C.T., Advocate Commissioner, outlining the property allocation.
Reference:
C2
Case Classification
Case Type
Civil Suit - Partition
Category
Family Property and Partition
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Partition
Case Code
Case between Muhammed et al vs Abdul Kader et al regarding partition
Case Code Year
Case between Muhammed et al vs Abdul Kader et al regarding partition