Case Summary
P M Joseph @ Appachan filed a petition regarding a preliminary decree for a property share that was transferred to him by the 4th defendant. The case involves questions of court fees and the sharing of property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree passed in favor of the petitioner granting 1/4 share in the property.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition and passed a preliminary decree in favor of the petitioner, granting him a 1/4 share in the property.
Why Plaintiff Won:
The share of the 4th defendant was transferred to the petitioner who had remitted the required court fee.
The share of the 4th defendant was transferred to the petitioner who had remitted the required court fee.
Losing Side's Weaknesses:
The share of the 4th defendant was transferred to the petitioner who had remitted the required court fee.
The share of the 4th defendant was transferred to the petitioner who had remitted the required court fee.
Supporting Evidence
As the share of the 4th defendant was transferred to the petitioner, he filed this petition to pass preliminary decree in his favour.
Judgment Evidence:
Hence, it is held that the petitioner is entitled to 1/4 share in the plaint schedule property and preliminary decree is passed accordingly.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P M Joseph @ Appachan
- Party Age
- 67
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Treesa Chacko
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mathew Chacko
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Roseleema Chacko
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Rosamma Mathai
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Annamma Joseph
- Relation
- D/o
Plaintiffs Documents
Copy of Release deed no. 1734/11
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Josekutty Mathew
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Preliminary decree in favour of the petitioner for the 1/4th share in the plaint schedule property.
Evidence:
Hence, it is held that the petitioner is entitled to 1/4th share in the plaint schedule property and preliminary decree is passed accordingly.
Documents & Evidence
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
The court referenced the release deed to establish the transfer of the 4th defendant's share to the petitioner.
Reference:
Ext.A1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
OS
Case Code Year
2009