FDIA 4/2025 in OS 101/2023

Case between Musthafa Kuniyil vs Andru Kuniyil et al regarding partition of property

Court

COURT OF THE MUNSIFF, NADAPURAM

Judge

Sri. Yadukrishnan. B

Order Date

2025-12-18

Duration

Case Closed

Thu, 12/18/2025 - 12:00

Judgement document from eCourt website

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Case Summary

This case involves a petition for a final decree application filed for partition of property among the parties. The petitioner Musthafa Kuniyil seeks partition and separate possession of his share as per the preliminary decree.

Judgment Outcome

Plaintiff Won

Interim Order

The court passed a final decree for partitioning the plaint schedule property into four equal shares among the parties. The petitioner is entitled to his respective share and the defendants are also entitled to their shares.

Judgment Favored

Plaintiff

Relief Granted

Partition of property and separate possession of respective shares

Case Type

Civil Suit

Final Judgment

Why Plaintiff Won:
The court reaffirmed the preliminary decree that entitles the plaintiff to a share in the partitioned property.

Losing Side's Weaknesses:
The court reaffirmed the preliminary decree that entitles the plaintiff to a share in the partitioned property.

Supporting Evidence

As per the discussions in the commission report and preliminary decree and judgment dated 12.06.2024, a final decree is passed... The plaint schedule property is divided into 4 equal shares.

Judgment Evidence:

Hence, the plaint schedule property is divided into 4 equal shares. The plaintiff is entitled for partition and separate possession over his respective share.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Musthafa Kuniyil
Party Age: 43
Relation: S/o

Party Role: Defendant
Party Name: Andru Kuniyil
Party Age: 59
Relation: S/o

Party Role: Defendant
Party Name: Abdul Hameed Kuniyil
Party Age: 55
Relation: S/o

Party Role: Defendant
Party Name: Rashid Kuniyil
Party Age: 47
Relation: S/o

Plaintiffs Documents

Preliminary decree and judgment dated 12.06.2024, Commission report

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Sri. N. M. Rajagopal
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Sri. Abdul Salih. K
Appearance Type: Assisting Counsel

Party Role: Defendant
Advocate Name: Sri. C. R. Biju
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Sri. K. P. Pradeepan
Appearance Type: Main Counsel

Reliefs

Relief Type: Possession

Outcome: Granted

Description:

The plaintiff is entitled to partition and separate possession of their share.

Evidence:

The plaint schedule property is divided into 4 equal shares.

Relief Type: Possession

Outcome: Granted

Description:

Defendants are entitled to partition and separate possession of their shares.

Evidence:

The 1st, 2nd and 3rd defendants are also entitled to get partition and separate possession over one each share.

Relief Type: Other

Outcome: Granted

Description:

Equity calculations have been ordered.

Evidence:

The petitioner/plaintiff has to give an amount of Rs.2,04,972/- to the 1st respondent.

Relief Type: Other

Outcome: Granted

Description:

Each respondent's payment for equity is determined.

Evidence:

The 2nd respondent has to give an amount of Rs.9,492/- to the 1st respondent.

Relief Type: Other

Outcome: Granted

Description:

Each respondent's payment for equity is determined.

Evidence:

The 3rd respondent has to give Rs.26,002/- to the 1st respondent.

Documents & Evidence

Document Type: Commission Report

Submitted By: Court

Relevance:

Filed by Adv. N. P. Suresh Babu, it details the measurements and partition of the property.

Reference:

Ext.C1

Document Type: Share List

Submitted By: Court

Relevance:

Contains details of the shares allotted to each party in the partition.

Reference:

Ext.C2

Document Type: Share List

Submitted By: Court

Relevance:

Details of the second share list pertaining to the partition.

Reference:

Ext.C2(a)

Document Type: Share List

Submitted By: Court

Relevance:

Details of the third share list pertaining to the partition.

Reference:

Ext.C2(b)

Document Type: Share List

Submitted By: Court

Relevance:

Details of the fourth share list pertaining to the partition.

Reference:

Ext.C2(c)

Document Type: Plan

Submitted By: Court

Relevance:

Represents the first plan as part of the partition details.

Reference:

Ext.C3

Document Type: Plan

Submitted By: Court

Relevance:

Represents the second plan as part of the partition details.

Reference:

Ext.C3(a)

Document Type: Plan

Submitted By: Court

Relevance:

Represents the third plan as part of the partition details.

Reference:

Ext.C3(b)

Document Type: Plan

Submitted By: Court

Relevance:

Represents the fourth plan as part of the partition details.

Reference:

Ext.C3(c)

Document Type: Plan

Submitted By: Court

Relevance:

Represents the fifth plan as part of the partition details.

Reference:

Ext.C3(d)