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ORIGINAL SUIT No. 329 OF 2014

Case between Parayil Kuttiyamu's children et al vs Parayil Ali et al regarding partition of property

Court
Court of the Munsiff of Tirur
Judge
Smt. VINCY.T.V.
Order Date
2017-12-14
Duration
3 years
Case Closed
Thu, 12/14/2017 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Plaintiffs, children of Parayil Kuttiyamu, filed a suit against defendants seeking partition of property inherited from their mother. The defendants claimed an oral gift from the mother, disputing the plaintiffs' rights over the property.

Judgment Outcome

Partial Relief
Interim Order
The court decreed the suit for partition, dividing the property into 5 equal shares and ordering separate allotment to the parties.
Judgment Favored
Plaintiffs
Relief Granted
Partition of property
Case Type
Civil Suit - Partition
Final Judgment
No
The court decreed the suit for partition, dividing the property into 5 equal shares and ordering separate allotment to the parties.
Key Reasoning:
The defendant failed to provide evidence to substantiate the claim of an oral gift, leading to the court ruling in favor of the plaintiffs.
Losing Side's Weaknesses:
The defendant failed to provide evidence to substantiate the claim of an oral gift, leading to the court ruling in favor of the plaintiffs.
Supporting Evidence
When it is posted for evidence, no oral or documentary evidence was rendered by the first defendant to substantiate his contention as to the oral gift.

Judgment Evidence:

The court decreed the suit for partition ordering separate allotment of shares to each party in the property by metes and bounds.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Moosakkutty
Party Age
64
Relation
Child of Parayil Kuttiyamu
Party Role
Plaintiff
Party Name
Moideenkutty
Party Age
61
Relation
Child of Parayil Kuttiyamu
Party Role
Plaintiff
Party Name
Aboobacker
Party Age
58
Relation
Child of Parayil Kuttiyamu
Party Role
Plaintiff
Party Name
Abdurahiman
Party Age
51
Relation
Child of Parayil Kuttiyamu
Party Role
Defendant
Party Name
Parayil Ali
Party Age
46
Relation
Son of Kuttiyamu
Party Role
Defendant
Party Name
Shafi
Party Age
38
Relation
Child of Parayil Moideenkutty
Party Role
Defendant
Party Name
Shaji
Party Age
36
Relation
Child of Parayil Moideenkutty
Party Role
Defendant
Party Name
Sameera
Party Age
34
Relation
Child of Parayil Moideenkutty
Plaintiffs Documents
Ext.A1 - True copy of Partition Deed dated 27-3-1993, Tax receipt etc
Defendants Documents
Not available

Advocates

Party Role
Plaintiff
Advocate Name
Sri. K.A. Padmakumar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Smt. Najmath Ampayapully
Appearance Type
Main Counsel

Reliefs

Relief Type: Partition
Outcome: Granted
Description:
Division of property into 5 equal shares and separate allotment to parties
Evidence:
The court decreed the suit for partition ordering separate allotment of shares to each party in the property by metes and bounds.

Documents & Evidence

Document Type: Partition Deed
Submitted By: Plaintiff
Relevance:
Substantiated the relationship between plaintiffs and defendants
Reference:
A1
Document Type: Commission Report
Submitted By: Court
Relevance:
Submitted by Advocate Commissioner
Reference:
C1
Document Type: Commission Plan
Submitted By: Court
Relevance:
Submitted by Advocate Commissioner
Reference:
C2

Case Classification

Case Type
Civil Suit - Partition
Category
Family Property and Partition
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Partition of property
Case Code
Case between Parayil Kuttiyamu's children et al vs Parayil Ali et al regarding partition of property
Case Code Year
Case between Parayil Kuttiyamu's children et al vs Parayil Ali et al regarding partition of property

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Thu, 12/25/2014 - 12:00
Case Closed
Thu, 12/14/2017 - 12:00
From
Fri, 12/01/2017 - 12:00
To
Sun, 12/31/2017 - 12:00
Outcome Confidence
95%

Involved Entities

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