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. They filed a suit for partition of the property inherited from their parents, which the defendant was unwilling to partition.
Judgment Outcome
Judgment Favored
Partial
Relief Granted
Preliminary decree for partition of the plaint schedule property into seven equal shares.
Case Type
Civil Suit
Final Judgment
No
The suit for partition is decreed in part, allowing the plaintiffs to have equal shares in the property. A decree for permanent prohibitory injunction was denied due to lack of evidence.
Key Reasoning:
The unchallenged evidence established that the plaintiffs and defendant were entitled to a decree for partition.
The unchallenged evidence established that the plaintiffs and defendant were entitled to a decree for partition.
Losing Side's Weaknesses:
The unchallenged evidence established that the plaintiffs and defendant were entitled to a decree for partition.
The unchallenged evidence established that the plaintiffs and defendant were entitled to a decree for partition.
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.
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 Kochupennu, Death certificate of Kunjukunju, Postmortem certificate of Manoharan, True copy of lawyer’s 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
- Main Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Plaintiffs sought partition of the plaint schedule property.
Evidence:
From the unchallenged evidence, it can be seen that plaintiffs and defendant were entitled to get a decree for partition as prayed for.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiffs sought permanent prohibitory injunction against the defendant.
Evidence:
Plaintiffs were not entitled to get a decree for permanent prohibitory injunction as prayed for.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed proving ownership of the property.
Reference:
Ext.A1
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death certificate of Kochupennu supporting the claim of inheritance.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death certificate of Kunjukunju providing basis for the succession.
Reference:
Ext.A3
Document Type:
Postmortem Certificate
Submitted By:
Plaintiff
Relevance:
Postmortem certificate of Manoharan supporting the family relation.
Reference:
Ext.A4
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Lawyer's notice indicating the demand for partition.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt supporting communication regarding partition.
Reference:
Ext.A6
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card confirming receipt of documents related to the partition.
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
Partition
Case Code
OS
Case Code Year
2021