Case Summary
The plaintiffs, Nandini, Vilasini, Ajithakumari V.K., Remani, and Padmini, are sisters of the defendant, Saalli, who is the wife of their deceased brother. This suit was filed for partition of inherited property and to prevent the defendant from interfering with the plaintiffs' share.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree for partition of the property
Case Type
Civil Suit
Final Judgment
No
The court granted a preliminary decree for partition, allowing the plaintiffs to have 1/7 share each in the plaint schedule property. The court did not grant the relief for permanent injunction as there was no evidence of imminent harm from the defendant.
Why Plaintiff Won:
The plaintiffs provided unchallenged evidence demonstrating joint entitlement to the property.
The plaintiffs provided unchallenged evidence demonstrating joint entitlement to the property.
Losing Side's Weaknesses:
The plaintiffs provided unchallenged evidence demonstrating joint entitlement to the property.
The plaintiffs provided unchallenged evidence demonstrating joint entitlement to the property.
Supporting Evidence
From the unchallenged evidence, it can be seen that plaintiffs and defendant were entitled to get a decree for partition as prayed for.
Judgment Evidence:
In the result, the suit is decreed in part and a preliminary decree for partition is passed as follows:- 1.The plaint schedule property is ordered to be partitioned by metes and bounds into seven equal shares. 2.Plaintiffs are entitled to get 1/7 share each in the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Nandini
- Party Age
- 70
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Vilasini
- Party Age
- 68
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Ajithakumari V.K.
- Party Age
- 56
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Remani
- Party Age
- 60
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Padmini
- Party Age
- 66
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Saalli
- Party Age
- 60
- Relation
- D/o
Plaintiffs Documents
Certified copy of sale deed No.1569/1960, Death certificate of Kunjukunju, Copy of death certificate of Kochupennu, Postmortem certificate of Manoharan, True copy of lawyers notice, Postal receipt, Acknowledgment card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.M.Natesan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Divya Natesan
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Motty Jiby Vasu Devan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- P.O.John
- Appearance Type
- Government Pleader
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
A preliminary decree for partition is passed.
Evidence:
A preliminary decree for partition is passed as follows:- 1.The plaint schedule property is ordered to be partitioned by metes and bounds into seven equal shares.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiffs sought a decree for permanent prohibitory injunction.
Evidence:
Plaintiffs were not entitled to get a decree for permanent prohibitory injunction as prayed for.
Documents & Evidence
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
To prove ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
To establish the death of Kochupennu.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
To establish the death of Kunjukunju.
Reference:
Ext.A3
Document Type:
Postmortem Certificate
Submitted By:
Plaintiff
Relevance:
To provide evidence regarding the death of Manoharan.
Reference:
Ext.A4
Document Type:
Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
To show that legal notice was served regarding the partition.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
To corroborate the sending of the lawyer's notice.
Reference:
Ext.A6
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
To prove receipt of the notice by the defendant.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Inheritance
Case Code
OS
Case Code Year
2021