Case Summary
The plaintiffs, Rajesh and Rajeev, are seeking a partition of property originally belonging to their grandfather Arumukhan, after his death and the presumed death of their brother Vijayan. The defendants, Soumini, Padmini, and Mohandasan, are related to the property and hold shares in it.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree for partition
Case Type
Civil Suit
Final Judgment
No
The court decreed a preliminary decree for partition of the plaint schedule property, allocating 1/4 shares to the plaintiffs and 1/4 shares to each of the defendants.
Why Plaintiff Won:
The case of the plaintiffs is proved by the unchallenged testimony and relevant documents.
The case of the plaintiffs is proved by the unchallenged testimony and relevant documents.
Losing Side's Weaknesses:
The case of the plaintiffs is proved by the unchallenged testimony and relevant documents.
The case of the plaintiffs is proved by the unchallenged testimony and relevant documents.
Supporting Evidence
The case of the plaintiffs is proved by the unchallenged testimony of the PW1 to PW3 coupled with exhibits A1 and A2 documents.
Judgment Evidence:
In the result, the suit is decreed and a preliminary decree for partition is passed as follows: 1. The plaint schedule property shall be partitioned into 4 equal shares by metes and bounds. 2. Plaintiffs shall jointly be entitled to 1/4 such share. 3. The defendants shall be entitled to 1/4 shares each over the plaint schedule property on payment of court fee.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rajesh
- Party Age
- 38
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Rajeev
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Soumini
- Party Age
- 66
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Padmini
- Party Age
- 59
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mohandasan
- Party Age
- 60
- Relation
- S/o
Plaintiffs Documents
Exhibit A1 is the WILL bearing No 42/1994 and exhibit A2 is the family membership certificate dated 06.12.2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V.Satheesan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Dhanesh.S.J
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Preliminary decree for partition of plaint schedule property into 4 equal shares.
Evidence:
In the result, the suit is decreed and a preliminary decree for partition is passed as follows: 1. The plaint schedule property shall be partitioned into 4 equal shares by metes and bounds.
Documents & Evidence
Document Type:
Will
Submitted By:
Plaintiff
Relevance:
Exhibit A1 is the WILL bearing No 42/1994 which is crucial for establishing the ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Family Membership Certificate
Submitted By:
Plaintiff
Relevance:
Exhibit A2 is the family membership certificate dated 06.12.2022, supporting the plaintiff's claims.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Partition of property
Case Code
Case between Rajesh et al vs Soumini et al regarding partition
Case Code Year
Case between Rajesh et al vs Soumini et al regarding partition