ORIGINAL SUIT No. 324 OF 2017

Case between Odengalath Andi @ Appu's daughter vs Odengalath Andi @ Appu's children regarding partition

Court

THE COURT OF THE MUNSIFF OF TIRUR

Judge

Sri. JANKISH NARAYANAN

Order Date

2019-08-27

Duration

Case Closed

Judgement document from eCourt website

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Case Summary

The case involves a partition suit filed by Sreemathi against her siblings. The plaintiff seeks a ¼ share of the property inherited from their father.

Judgment Outcome

Plaintiff Won

Interim Order

The court decreed the suit and ordered a preliminary decree for partition, granting the plaintiff a ¼ share of the property.

Judgment Favored

Plaintiff

Relief Granted

Preliminary decree for partition of B schedule property into 4 equal shares.

Case Type

Civil Suit

Final Judgment

The court decreed the suit and ordered a preliminary decree for partition, granting the plaintiff a ¼ share of the property.

Why Plaintiff Won:
The plaintiff proved her case by adducin cogent and reliable evidence, unchallenged due to defendants being exparte.

Losing Side's Weaknesses:
The plaintiff proved her case by adducin cogent and reliable evidence, unchallenged due to defendants being exparte.

Supporting Evidence

Since the defendants remained exparte, the evidence adduced by the plaintiff remained unchallenged. I find no reason to disbelieve PW1.

Judgment Evidence:

In the result, the suit is decreed and a preliminary decree for partition is passed as follows:- I. The plaint B schedule property shall be divided into 4 equal shares by metes and bounds.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Sreemathi
Party Age: 50
Relation: W/o

Party Role: Defendant
Party Name: Subrmanian
Party Age: 58

Party Role: Defendant
Party Name: Sarojini
Party Age: 53
Relation: W/o

Party Role: Defendant
Party Name: Babu
Party Age: 44

Plaintiffs Documents

Purchase Certificate No. 5094/1976, Certified copy of the Release Deed No. 3889/2013 of SRO Tirur

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Sri. Nazir Ahamed
Appearance Type: Main Counsel

Reliefs

Relief Type: Partition

Outcome: Granted

Description:

A decree is passed for partitioning the plaint B schedule property.

Evidence:

The suit is decreed and a preliminary decree for partition is passed as follows:- I. The plaint B schedule property shall be divided into 4 equal shares by metes and bounds.

Documents & Evidence

Document Type: Purchase Certificate

Submitted By: Plaintiff

Relevance:

This document establishes the original ownership of the property by the father of the parties.

Reference:

Ext.A1

Document Type: Release deed