Case Summary
Muhammed Imran is the plaintiff seeking a partition and separate allotment of his share in the property. Afsar, the defendant, has not filed any objections to the petition.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Final decree for partition of property
Case Type
Interlocutory Application
Final Judgment
No
The final decree for partition has been granted, allotting specific shares to both the plaintiff and the defendant based on the commissioner's report.
Why Plaintiff Won:
The commissioner's report was accepted as it equitably divided the property.
The commissioner's report was accepted as it equitably divided the property.
Losing Side's Weaknesses:
The commissioner's report was accepted as it equitably divided the property.
The commissioner's report was accepted as it equitably divided the property.
Supporting Evidence
I hold a view that Advocate commissioner has effected division of the decree schedule property in an equitable manner. Therefore I hold a view that the commission report and plan can be accepted and final decree for partition can be passed.
Judgment Evidence:
In the result, final decree for partition is passed as follows :- i. Property having an extent of 3.03 cents shown as plot I in the Ext.C2 sketch is allotted to the ½ share of the petitioner /plaintiff ii. Property having an extent of 2.97 cents shown as plot II in the Ext.C2 plan is allotted to the ½ share of the respondent/ defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Muhammed Imran
- Party Age
- 29
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Afsar
- Party Age
- 38
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Jisha, K.C
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Mehroof Shihab
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Final decree for partition passed in favour of the petitioner.
Evidence:
Therefore I hold a view that the commission report and plan can be accepted and final decree for partition can be passed.
Documents & Evidence
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
Marked as part of the final decree for partition.
Reference:
Ext.C1
Document Type:
Plan
Submitted By:
Court
Relevance:
Marked as part of the final decree 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
Case Code
Case between Muhammed Imran vs Afsar regarding partition of property
Case Code Year
Case between Muhammed Imran vs Afsar regarding partition of property