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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
Case Closed

Judgement document from eCourt website

Judgment Document
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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
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.
Why Plaintiff Won:
The plaintiffs proved their case with cogent and reliable evidence.
Losing Side's Weaknesses:
The plaintiffs proved their case with cogent and reliable evidence.
Supporting Evidence
Since the defendant remained ex-parte, the evidence adduced by the plaintiff remained unchallenged. I find no reason to disbelieve PW1. 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.

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

Parties

Party Role
Plaintiff
Party Name
Pathummu
Party Age
57
Relation
W/o
Party Role
Plaintiff
Party Name
Safiya
Party Age
34
Relation
D/o
Party Role
Plaintiff
Party Name
Abdu Rasheed
Party Age
31
Relation
S/o
Party Role
Plaintiff
Party Name
Rafeekh
Party Age
31
Relation
S/o
Party Role
Plaintiff
Party Name
Abdul Latheef
Party Age
29
Relation
S/o
Party Role
Defendant
Party Name
Abdul Shukkoor
Party Age
37
Relation
S/o
Plaintiffs Documents
Tax receipt dated 02.06.2018, Death certificate of Yakkeeri Unneen Kutty, Family Membership certificate.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. K.P.Jayaprakash
Appearance Type
Main Counsel

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

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Pathummu et al vs Abdul Shukkoor regarding partition.
Case Code Year
Case between Pathummu et al vs Abdul Shukkoor regarding partition.

Quick Facts

Location
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Case Closed
From
Thu, 08/01/2019 - 12:00
To
Sat, 08/31/2019 - 12:00
Outcome Confidence
100%

Involved Entities

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