Case Summary
The plaintiffs, Omana Amma and Sreekala O. R., seek a preliminary decree for partition of a property they claim to jointly own with the defendants. The suit follows previous disputes over the property and the defendants' refusal to partition it amicably.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree for partition
Case Type
Civil Suit
Final Judgment
No
The court decreed a preliminary decree for partition, dividing the property into equal shares. The plaintiff is entitled to 4/5 of the property, while the defendants are entitled to 1/5 share.
Why Plaintiff Won:
The plaintiffs provided unchallenged evidence of their ownership and rights to the property.
The plaintiffs provided unchallenged evidence of their ownership and rights to the property.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaint averments are proved and unchallenged.
Judgment Evidence:
In the result, suit is decreed and a preliminary decree for partition is passed as follows: (i) The plaint schedule property shall be divided into 5 equal shares by metes and bounds partition.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Omana Amma
- Party Age
- 72
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Sreekala O. R.
- Party Age
- 46
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sraswathy Amma
- Party Age
- 74
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Preetha
- Party Age
- 50
- Relation
- D/o
Plaintiffs Documents
Certified copy of Partition deed No. 1734/1981, Release Deed No. 3084/2011, Release Deed No. 2177/2021, Land tax receipt dated 11/04/2023, Will deed No. 60/III/2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Kallada M. Balachandran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Nil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Preliminary decree for partition of property.
Evidence:
In the result, suit is decreed and a preliminary decree for partition is passed as follows: (i) The plaint schedule property shall be divided into 5 equal shares by metes and bounds partition.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of partition deed establishing ownership and rights over the plaint schedule property.
Reference:
Ext.A1
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Release deed transferring the share of the property from Gopalakrishnan to the plaintiff.
Reference:
Ext.A2
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Release deed transferring the share of the property from Santhamma to the plaintiff.
Reference:
Ext.A3
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Proof of ownership and tax payment for the plaint schedule property.
Reference:
Ext.A4
Document Type:
Will Deed
Submitted By:
Plaintiff
Relevance:
Will deed indicating the last wishes related to the property.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Omana Amma vs Sraswathy Amma et al regarding partition
Case Code Year
Case between Omana Amma vs Sraswathy Amma et al regarding partition