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
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
Why Plaintiff Won:
The evidence presented by the plaintiffs was found credible and sufficient to establish their ownership rights over the plaint schedule property.
The evidence presented by the plaintiffs was found credible and sufficient to establish their ownership rights over 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
Plaintiffs
Murali K.G (65 years)
Thalathoor House, Eroor P.O, Tripunithura
Geetha K.R (67 years)
Thalathoor House, Eroor P.O, Tripunithura, Kanayannoor Taluk, Ernakulam District- 682 306
Sinulal P.M (42 years)
Thalathoor House, Eroor P.O, Tripunithura, Kanayannur Taluk, Ernakulam, Pin – 682 306
Aswathy P.M (39 years)
Thalathoor House, Eroor P.O, Tripunithura, Kanayannur Taluk, Ernakulam, Pin- 682 306
Chithra P.M (Age not specified years)
Thalathoor House, Eroor P.O, Tripunithura, Ernakulam, Pin 682 306
Defendants
Arundathi (61 years)
Kadavil Veedu, Kaniyampuzha, Eroor, Tripunithura
Rakesh (50 years)
Payyampilly Chirayil, Eroor P.O, Tripunithura
Sheela (45 years)
Vadakkakathu House, Thuthiyoor P.O, Kakkanad
Biju (42 years)
Payyampilly Chirayil, Eroor P.O, Tripunithura
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