Case Summary
The case involves a partition of property following a preliminary decree. The original petitioner Muhammed died before the final hearing, and his legal heirs continued the application for a final decree.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Final decree for partition of property
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition for partition and ordered a final decree to be passed regarding the division of property into three equal shares. The shares were allotted according to the plan submitted by the Advocate Commissioner.
Why Plaintiff Won:
The Advocate Commissioner reported a division of property in accordance with the preliminary decree.
The Advocate Commissioner reported a division of property in accordance with the preliminary decree.
Losing Side's Weaknesses:
The Advocate Commissioner reported a division of property in accordance with the preliminary decree.
The Advocate Commissioner reported a division of property in accordance with the preliminary decree.
Supporting Evidence
Since Advocate Commissioner effected division of the property in an equitable manner in tune with the preliminary decree, I hold a view that Ext.C1 report and C2 plan can be accepted and final decree for partition can be passed.
Judgment Evidence:
In the result, the petition is allowed and final decree for partition is passed as follows: i. The plaint B schedule property shall be divided into 3 (Three) equal shares by metes and bounds.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Aayisa
- Party Age
- 44
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Faseela
- Party Age
- 16
- Relation
- Minor
- Party Role
- Plaintiff
- Party Name
- Shibila Sherin
- Party Age
- 14
- Relation
- Minor
- Party Role
- Defendant
- Party Name
- Uneenkutty
- Party Role
- Defendant
- Party Name
- Koya
Plaintiffs Documents
Preliminary decree dated 19.02.2014, Commission report Ext.C1, Commission plan Ext.C2
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M.A.Ismail
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. A.Mamu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Final decree for partition is passed as per the preliminary decree.
Evidence:
In the result, the petition is allowed and final decree for partition is passed as follows:- i. The plaint B schedule property shall be divided into 3 (Three) equal shares by metes and bounds.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The court accepted the Advocate Commissioner's report for the division of the property.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
The court accepted the Advocate Commissioner's plan for the division of the property.
Reference:
Ext.C2
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Partition
Case Code
Case between Muhammed et al vs Chatheri Kunheenkutty's children regarding partition of property
Case Code Year
Case between Muhammed et al vs Chatheri Kunheenkutty's children regarding partition of property