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Original Suit No. 110 OF 2012

Case between Muhammed et al vs Chatheri Kunheenkutty's children regarding partition of property

Court
THE COURT OF THE MUNSIFF OF TIRUR
Judge
Sri. JANKISH NARAYANAN
Order Date
2019-08-16
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
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.
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.
Losing Side's Weaknesses:
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

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Sun, 01/01/2012 - 12:00
Case Closed
From
Thu, 08/01/2019 - 12:00
To
Sat, 08/31/2019 - 12:00
Outcome Confidence
90%

Involved Entities

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