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ORIGINAL SUIT No. 311 OF 2018

Case between Pathummu et al vs Abdul Shukkoor regarding partition.

Court
COURT OF THE MUNSIFF OF TIRUR
Judge
Sri. JANKISH NARAYANAN, B.Com., LL.B., LL.M., MUNSIFF
Order Date
2019-08-14
Duration

Judgement document from eCourt website

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Case Summary

This case involves plaintiffs Pathummu, Safiya, Abdu Rasheed, Rafeekh, and Abdul Latheef who are seeking a partition of property originally belonging to Yakkeeri Unneenkutty. The defendant, Abdul Shukkoor, has opted to remain ex parte.

Judgment Outcome

Plaintiff Won
Interim Order
The suit is decreed and a preliminary decree for partition is passed, entitling the plaintiffs to 58 shares out of 72, with the defendant receiving 14 shares.
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree for partition of property
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs proved their case with cogent and reliable evidence.

Judgment Evidence:

In the result, the suit is decreed and a preliminary decree for partition is passed as follows: i. The plaint A schedule property shall be divided into 72 (Seventy Two) equal shares by metes and bounds. ii. The plaintiffs are entitled to get 58 (Fifty Eight) shares, out of such 72 shares in the plaint A schedule property. iii. The defendant is entitled to get 14 shares, out of 72 shares in the plaint A schedule property.

Parties Involved

Plaintiffs

Pathummu (57 years years) Yakkeeri House, Puthoor amsom desom & Post, Kottakkal, Tirurangadi Taluk Safiya (34 years years) Yakkeeri House, Puthoor amsom desom & Post, Kottakkal, Tirurangadi Taluk Abdu Rasheed (31 years years) Yakkeeri House, Puthoor amsom desom & Post, Kottakkal, Tirurangadi Taluk Rafeekh (31 years years) Yakkeeri House, Puthoor amsom desom & Post, Kottakkal, Tirurangadi Taluk Abdul Latheef (29 years years) Yakkeeri House, Puthoor amsom desom & Post, Kottakkal, Tirurangadi Taluk

Defendants

Abdul Shukkoor (37 years years) Yakkeeri House, Puthoor amsom desom & Post, Kottakkal, Tirurangadi Taluk

Reliefs

Relief Type: Partition
Outcome: Granted
Description:
Plaintiffs requested a partition of the property.
Evidence:
Therefore, I hold a view that the plaintiffs have proved the case by adducing cogent and reliable evidence and plaintiffs are entitled to get a decree as prayed for.

Documents & Evidence

Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Used to establish the property ownership and evidence of payment
Reference:
Ext.A1
Document Type: Death Certificate
Submitted By: Plaintiff
Relevance:
Used to prove the death of Yakkeeri Unneen Kutty
Reference:
Ext.A2
Document Type: Family Membership Certificate
Submitted By: Plaintiff
Relevance:
Used to verify the family relationship and entitlement to the property
Reference:
Ext.A3

Quick Facts

Location
Case Filed
Outcome Confidence
100%

Involved Entities

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