Case Summary
The petitioner, Parathoduvil Aboobacker, seeks a final decree for partition of property following a preliminary decree. The respondents opted to remain ex-parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Final decree for partition granted with specific allotments of property.
Case Type
Civil Suit
Final Judgment
No
The petition for a final decree for partition was allowed. The court decreed the allotment of property to both the plaintiff and the second defendant as per shares.
Why Plaintiff Won:
The Advocate Commissioner effectively divided the property as per the preliminary decree.
The Advocate Commissioner effectively divided the property as per the preliminary decree.
Losing Side's Weaknesses:
The Advocate Commissioner effectively divided the property as per the preliminary decree.
The Advocate Commissioner effectively divided the property as per the preliminary decree.
Supporting Evidence
The Advocate Commissioner has effected division of decree schedule property in an equitable manner. Therefore I hold a view that the commissioner report and plan can be accepted and final decree for partition can be passed.
Judgment Evidence:
In the result, petition is allowed and a final decree for partition is passed as follows: (I) Property having an extent of 14.47 cents shown as plot No. AB and D in Ext. C2 sketch is alloted to the 7/9 shares of the petitioner/plaintiff, in the decree schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Parathoduvil Aboobacker
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Abdul Khader
- Party Age
- 49
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Abdul Samad(insane)
- Party Age
- 41
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. E.C.Suresh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Final decree for partition of the property was allowed.
Evidence:
In the result, petition is allowed and a final decree for partition is passed as follows
Relief Type:
Other
Outcome:
Granted
Description:
Petitioner shall pay an amount towards equalization of shares.
Evidence:
Petitioner shall pay an amount of Rs. 33.40/- to 2ⁿᵈ respondent towards the equalization of shares.
Documents & Evidence
Document Type:
Commissioner's Report
Submitted By:
Court
Relevance:
Commissioner's report accepted for partitioning the property.
Reference:
Ext.C1
Document Type:
Plan
Submitted By:
Court
Relevance:
Plan for the partition of property in accordance with the commissioner's report.
Reference:
Ext.C2
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 Parathoduvil Aboobacker vs Parathoduvil Kunhimuhammed's children regarding partition of property
Case Code Year
Case between Parathoduvil Aboobacker vs Parathoduvil Kunhimuhammed's children regarding partition of property