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ORIGINAL SUIT No. 303 OF 2017

Case between Parappurath Hassan's children vs Thayyil Pothanarakkal Sabeela et al regarding partition

Court
COURT OF THE MUNSIFF OF TIRUR
Judge
Sri. JANKISH NARAYANAN
Order Date
2019-09-30
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
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.
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.
Losing Side's Weaknesses:
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

Quick Facts

Location
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Case Closed
From
Sun, 09/01/2019 - 12:00
To
Mon, 09/30/2019 - 12:00
Outcome Confidence
85%

Involved Entities

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