FDIA 18/2024 in OS 15/2021

Case between NISAR. V. P vs CHERIYADATHIL MUHAMMAD ALI et al regarding partition of property

Court

COURT OF THE MUNSIFF, NADAPURAM

Judge

Sri. Yadukrishnan. B

Order Date

2025-12-15

Duration

approximately-1 year 4 months

Case Closed

Mon, 12/15/2025 - 12:00

Judgement document from eCourt website

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Case Summary

Nisar V. P is the petitioner seeking a final decree for partition of property against Cheriyadathil Muhammad Ali and others. This case involves the division of the plaint schedule property into equal shares as per the preliminary decree.

Judgment Outcome

Plaintiff Won

Interim Order

The court ordered the plaint schedule property to be divided into 108 equal shares, with specific allocations made to both the petitioner and the defendants. Each party has been allotted their respective shares as per the previous preliminary decree.

Judgment Favored

Plaintiff

Relief Granted

Partition of property as per the final decree

Case Type

Civil Suit

Final Judgment

Why Plaintiff Won:
The petitioner rightfully entitled to the shares as per the preliminary decree.

Losing Side's Weaknesses:
The petitioner rightfully entitled to the shares as per the preliminary decree.

Supporting Evidence

As per the discussions in the commission report and preliminary decree and judgment dated 31.07.2024, a final decree is passed as follows: The plaint schedule property is divided into 108 equal parts.

Judgment Evidence:

This is an order in a final decree application filed under Order 20 Rule 18 of the Code of Civil Procedure by the petitioner on the basis of the preliminary decree and judgment.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: NISAR. V. P
Party Age: 54
Relation: S/o.

Party Role: Defendant
Party Name: CHERIYADATHIL MUHAMMAD ALI
Party Age: 64
Relation: S/o.

Party Role: Defendant
Party Name: HAJARA
Party Age: 40
Relation: W/o.

Party Role: Defendant
Party Name: AHAMMAD NASAR
Party Age: 50
Relation: S/o.

Party Role: Defendant
Party Name: MAJEED
Party Age: 48
Relation: S/o.

Party Role: Defendant
Party Name: MUHAMMADALI
Party Age: 46
Relation: S/o.

Plaintiffs Documents

Nil

Defendants Documents

Nil

Advocates

Party Role: Plaintiff
Advocate Name: Sri. Ali. V
Appearance Type: Main Counsel

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

Reliefs

Relief Type: Possession

Outcome: Granted

Description:

Partition and separate possession of the plaint schedule property.

Evidence:

The plaint schedule property is divided into 108 equal parts.

Documents & Evidence

Document Type: Commission Report

Submitted By: Court

Relevance:

Commission report filed by Advocate Vineesh Kumar.

Reference:

Ext.C1

Document Type: Surveyor plan

Submitted By: Court

Relevance:

Surveyor plan filed by Advocate Vineesh Kumar.

Reference:

Ext.C2

Document Type: Share List

Submitted By: Court

Relevance:

Share List No. I.

Reference:

Ext.C2 (a)

Document Type: Share List

Submitted By: Court

Relevance:

Share List No. II.

Reference:

Ext.C2 (b)

Document Type: Share List

Submitted By: Court

Relevance:

Share List No. III.

Reference:

Ext.C2 (c)

Document Type: Share List

Submitted By: Court

Relevance:

Share List No. IV.

Reference:

Ext.C2 (d)

Document Type: Share List

Submitted By: Court

Relevance:

Share List No. V.

Reference:

Ext.C2 (e)