Case Summary
The plaintiffs are seeking a partition of the plaint schedule properties into equal shares. The suit was settled through mediation, resulting in a composite decree for partition.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Composite decree for partition as per mediation agreement
Case Type
Civil Suit
Final Judgment
No
The court passed a composite decree for partition based on the mediation agreement.
Why Plaintiff Won:
The mediation agreement was found to be lawful.
The mediation agreement was found to be lawful.
Losing Side's Weaknesses:
The mediation agreement was found to be lawful.
The mediation agreement was found to be lawful.
Supporting Evidence
I have gone through the mediation agreement. The same is found to be lawful. Hence, I am satisfied that a composite decree for partition can be passed in terms of the mediation agreement.
Judgment Evidence:
In the result, a composite decree for partition is passed as follows: 1. Plot A in the plan appended to the mediation report is allotted to the share of the second defendant. 2. The plot B in the plan appended to the mediation report is allotted to the share of the first defendant. 3. The plot C in the plan appended to the mediation report is allotted to the share of the first plaintiff. 4. Plot D is allotted to the share of the defendant No 4.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Prasanna
- Party Age
- 68
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Choyi
- Party Age
- 75
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Ravi
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Santhakumari
- Party Age
- 60
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Santhosh
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sarojini
- Party Age
- 76
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Shaji
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Certified copy of the title deed of the property is produced along with the plaint.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Premdeep Mahesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Dhanesh. S. J
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Rajeev Marakkath
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M. P. Premkumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
A composite decree for partition was passed as per the mediation agreement.
Evidence:
Hence, I am satisfied that a composite decree for partition can be passed in terms of the mediation agreement.
Documents & Evidence
Document Type:
Mediation Agreement
Submitted By:
Court
Relevance:
The court refers to a mediation agreement which was found lawful.
Reference:
Document Type:
Title deed
Submitted By:
Court
Relevance:
A certified copy of the title deed was produced along with the plaint.
Reference:
Document Type:
Mediation Report
Submitted By:
Court
Relevance:
The mediation report and the plan appended thereto form part of the decree.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Prasanna et al vs Santhakumari et al regarding partition of property
Case Code Year
Case between Prasanna et al vs Santhakumari et al regarding partition of property
Case Flags
Out-of-Court Settlement