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O.S No. 1047/2018

Case between Murali K.G et al vs Arundathi et al regarding partition and injunction

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2025-01-25
Duration
Case Closed
Sat, 01/25/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, being the children of Kochayappan Gopalan, have filed a suit for partition and injunction against the defendants. The plaintiffs claim co-ownership of the property left by their deceased parents and seek their respective shares.

Judgment Outcome

Plaintiff Won
Interim Order
The court determined that the plaint schedule property is partible and ordered the partition into six equal shares among the plaintiffs and defendants. The court also granted a prohibitory injunction against the defendants to prevent them from committing any waste on the property.
Judgment Favored
Plaintiff
Relief Granted
Restriction on the defendants from committing waste on the plaint schedule property until a final decree is passed.
Case Type
Civil Suit
Final Judgment
No
The court determined that the plaint schedule property is partible and ordered the partition into six equal shares among the plaintiffs and defendants. The court also granted a prohibitory injunction against the defendants to prevent them from committing any waste on the property.
Why Plaintiff Won:
The evidence presented by the plaintiffs was found credible and sufficient to establish their ownership rights over the plaint schedule property.
Losing Side's Weaknesses:
The evidence presented by the plaintiffs was found credible and sufficient to establish their ownership rights over the plaint schedule property.
Supporting Evidence
The evidence of PW1 remains unchallenged in this respect. I am of the opinion that the defendants cannot be permitted to act in any manner that is detrimental to the rights of the plaintiffs in respect of the plaint schedule property.

Judgment Evidence:

In the result, preliminary decree is passed as follows: i. The plaint schedule property is partible. ii. The partition shall be effected by metes and bounds by separation of plaint schedule property. iii. The plaintiffs 2 to 5 together are entitled to 1/6th share of the plaint schedule property. iv. The 1st, 2nd and 3rd defendants are each entitled to 1/6th share of the plaint schedule property. v. The 4th defendant is entitled to 2/6th share of the plaint schedule property. vi. The defendants are restrained by way of prohibitory injunction from committing any waste upon the plaint schedule property that will affect the right of the plaintiffs in the plaint schedule property till final decree is passed in the suit at hand and separate possession is granted.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Murali K.G
Party Age
65
Party Role
Plaintiff
Party Name
Geetha K.R
Party Age
67
Relation
W/o. Late Murali K.G
Party Role
Plaintiff
Party Name
Sinulal P.M
Party Age
42
Relation
S/o. Late Murali K.G
Party Role
Plaintiff
Party Name
Aswathy P.M
Party Age
39
Relation
D/o. Late Murali K.G
Party Role
Plaintiff
Party Name
Chithra P.M
Relation
D/o. Late Murali K.G
Party Role
Defendant
Party Name
Arundathi
Party Age
61
Relation
W/o. Sukumaran
Party Role
Defendant
Party Name
Rakesh
Party Age
50
Relation
S/o. Gopalan
Party Role
Defendant
Party Name
Sheela
Party Age
45
Relation
W/o. Unni
Party Role
Defendant
Party Name
Biju
Party Age
42
Relation
S/o. Gopalan
Plaintiffs Documents
Copy of Certificate of Purchase of Kudikidappu (Subject to Proof), Copy of Certificate of Death (Subject to Proof), Death Certificate issued by Tripunithura Municipality
Defendants Documents
Document No. 5496/2007

Advocates

Party Role
Plaintiff
Advocate Name
T.B Thankappan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
T.T Harikumar
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Ashish Vidyadharan
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Soumya James
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Stalin James
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Rekha R
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
V. K Kishor
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
N. C Joseph
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Partition
Outcome: Granted
Description:
Partition of the plaint schedule property into 6 equal shares.
Evidence:
The preliminary decree is passed as follows: i. The plaint schedule property is partible.
Relief Type: Permanent Injunction
Outcome: Granted
Description:
Defendants are restrained from committing any waste upon the plaint schedule property.
Evidence:
The defendants are restrained by way of prohibitory injunction from committing any waste upon the plaint schedule property that will affect the right of the plaintiffs.
Relief Type: Mesne Profit
Outcome: Refused
Description:
Plaintiff sought for mesne profits but was not entitled to it.
Evidence:
The prayer for mesne profit cannot be allowed and issue No. III is answered the plaintiff is not entitled to mesne profit as claimed for.

Documents & Evidence

Document Type: Copy of Certificate of Purchase of Kudikidappu
Submitted By: Plaintiff
Relevance:
Marked subject to proof as evidence of the plaintiff's claim to the property.
Reference:
Ext.A1
Document Type: Copy of Certificate of Death
Submitted By: Plaintiff
Relevance:
Marked subject to proof as evidence of the death of the original owner, aiding the succession claim.
Reference:
Ext.A2
Document Type: Death Certificate issued by Tripunithura Municipality
Submitted By: Plaintiff
Relevance:
Confirmed the death of the original owner, relevant to the plaintiffs' succession claims.
Reference:
Ext.A3
Document Type: Document
Submitted By: Defendant
Relevance:
Marked as evidence by the fourth defendant concerning his claim to the property.
Reference:
Ext.B1

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Murali K.G et al vs Arundathi et al regarding partition and injunction
Case Code Year
Case between Murali K.G et al vs Arundathi et al regarding partition and injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Mon, 01/01/2018 - 12:00
Case Closed
Sat, 01/25/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Fri, 01/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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