Case Summary
Petition filed by the plaintiff for division of property in accordance with preliminary decree for partition. Court allowed petition and passed final decree for partition equitably dividing the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Final Decree for Partition
Case Type
Civil Suit - Partition
Final Judgment
No
The court passed final decree for partition equitably dividing the property between the plaintiff and defendants.
Why Plaintiff Won:
The petitioner demonstrated entitlement to a specific share in the partitioned property based on the preliminary decree and commissioner's report.
The petitioner demonstrated entitlement to a specific share in the partitioned property based on the preliminary decree and commissioner's report.
Losing Side's Weaknesses:
The petitioner demonstrated entitlement to a specific share in the partitioned property based on the preliminary decree and commissioner's report.
The petitioner demonstrated entitlement to a specific share in the partitioned property based on the preliminary decree and commissioner's report.
Supporting Evidence
As per the preliminary decree, the property was divided equitably resulting in a final decree for partition.
Judgment Evidence:
The petition filed by the petitioner under Order 26 Rule 13 of the Code of Civil Procedure is allowed, and a final decree for partition is passed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Pattar Madathil Janaki Amma's son
- Party Role
- Plaintiff
- Party Name
- Sankaranarayanan
- Party Age
- 71
- Party Role
- Defendant
- Party Name
- Karatt thodiyil Krishnapanikkar's Children
- Party Role
- Defendant
- Party Name
- Govindan Nair
- Party Age
- 66
- Party Role
- Defendant
- Party Name
- Velayudhan Nair
- Party Age
- 63
Plaintiffs Documents
No documents mentioned
Defendants Documents
No documents mentioned
Advocates
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
To pass a final decree for partition dividing the property between plaintiff and defendants
Evidence:
The petition filed by the petitioner under Order 26 Rule 13 of the Code of Civil Procedure is allowed, and a final decree for partition is passed.
Documents & Evidence
Document Type:
Commissioner Report
Submitted By:
Unknown
Relevance:
Report filed by Advocate Commissioner regarding division of the property.
Reference:
Ext.C1, Ext.C3
Document Type:
Commissioner Plan
Submitted By:
Unknown
Relevance:
Plan submitted by Advocate Commissioner for property division.
Reference:
Ext.C2, Ext.C4
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
Case Code
Case between Pattar Madathil Janaki Amma's son et al vs Karatt thodiyil Krishnapanikkar's Children et al regarding partition of property
Case Code Year
Case between Pattar Madathil Janaki Amma's son et al vs Karatt thodiyil Krishnapanikkar's Children et al regarding partition of property