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
The court allowed the plaintiffs' application for partition and granted a final decree based on the terms agreed upon by the parties. The properties were allotted to the plaintiffs and defendants as per the schedule provided.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
I am satisfied that Razi duly and reasonably protects the interest of the minor defendants and in the given case, it is just and convenient to pass a final decree in one stroke.
Judgment Evidence:
Hence the suit is decreed and a final decree for partition is passed on the basis of Razi as follows:-
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Aminu.P.(Amina @ Malu)
- Party Age
- 43
- Party Role
- Plaintiff
- Party Name
- Rasiya.P.
- Party Age
- 39
- Party Role
- Defendant
- Party Name
- Thayyil Pothanarakkal Sabeela
- Party Age
- 36
- Relation
- W/o Late Parappurath Abdu Rasakh
- Party Role
- Defendant
- Party Name
- Khadeeja Nourin
- Party Age
- 14
- Relation
- (Minor)
- Party Role
- Defendant
- Party Name
- Naila
- Party Age
- 11
- Relation
- (Minor)
- Party Role
- Defendant
- Party Name
- Najah Abdu Rasakh
- Party Age
- 8
- Relation
- (Minor)
- Party Role
- Defendant
- Party Name
- Nabeela Abdu Rasakh
- Party Age
- 4
- Relation
- (Minor)
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M.A.M.Rafeekh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Neethu.P.T.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.Fameesha.C.M.T.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.Safiya Pookattil
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Parappurath Hassan's children vs Thayyil Pothanarakkal Sabeela et al regarding partition
Case Code Year
Case between Parappurath Hassan's children vs Thayyil Pothanarakkal Sabeela et al regarding partition