Case Summary
The plaintiffs, children of Parappurath Hassan, seek a partition of property inherited from their deceased mother, Kadiyamu, against the defendants, including Thayyil Pothanarakkal Sabeela and her minor children. The case involves the settlement of property shares after it was found that the parties could agree on a compromise.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Final decree for partition was passed.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The compromise was found to be lawful and in the interest of the minor defendants.
The compromise was found to be lawful and in the interest of the minor defendants.
Judgment Evidence:
Hence the suit is decreed and a final decree for partition is passed on the basis of Razi as follows:-
Parties Involved
Plaintiffs
Aminu.P.(Amina @ Malu) (43 years years)
Rasiya.P. (39 years years)
Thekkil House, Thekkenkuttoor amsom desom & Post, Tirur Taluk PIN – 676 551
Defendants
Thayyil Pothanarakkal Sabeela (36 years years)
Khadeeja Nourin (14 years years)
Naila (11 years years)
Najah Abdu Rasakh (8 years years)
Nabeela Abdu Rasakh (4 years years)
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Decree for partition and separate allotment of shares.
Evidence:
Therefore, I.A. No. 1779/2019 is allowed and compromise is recorded in view of I.A. No. 1780/2019.
Documents & Evidence
Document Type:
Genealogical table
Submitted By:
Plaintiff
Relevance:
Shows the relationship between the plaintiffs and the defendants.
Reference:
Document Type:
Document No.1697/1979 of SRO, Kalpakancheri
Submitted By:
Plaintiff
Relevance:
Proves original ownership of property by Kadiyamu.
Reference:
Ext.A1
Document Type:
Document No.1643/2000 of SRO, Kalpakanchery
Submitted By:
Plaintiff
Relevance:
Confirms joint ownership of properties by Kadiyamu, plaintiffs, and Abdul Razak.
Reference:
Ext.A2
Document Type:
Document No.941/2003 of SRO, Kalpakanchery
Submitted By:
Plaintiff
Relevance:
Establishes further transfer of shares in properties by Kunhathumma.
Reference:
Ext.A3
Document Type:
Application I.A. No. 1780/2019
Submitted By:
Court
Relevance:
Filed for passing of the final decree.
Reference:
Ext.C1
Document Type:
Application I.A. No. 1779/2019
Submitted By:
Court
Relevance:
Filed for permission to compromise the suit.
Reference:
Ext.C2
Document Type:
Order under IA No. 2672/2017
Submitted By:
Court
Relevance:
Court appointment of guardian for minor defendants.
Reference:
Ext.C3