Case Summary
This case involves a partition suit concerning the property shared by siblings Late Sumathi, Late Thankappan, and Late Chellappan. The plaintiff, Rajesh J D, seeks a partition of the jointly owned property among legal heirs.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree of partition by metes and bounds.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, granting a preliminary decree for partition of the property, with shares for each party defined.
Why Plaintiff Won:
The court found that the plaintiff is entitled to a share based on the unchallenged evidence on record.
The court found that the plaintiff is entitled to a share based on the unchallenged evidence on record.
Losing Side's Weaknesses:
The court found that the plaintiff is entitled to a share based on the unchallenged evidence on record.
The court found that the plaintiff is entitled to a share based on the unchallenged evidence on record.
Supporting Evidence
On perusing plaint and documents produced, I am satisfied that the plaint claim stands proved through the unchallenged evidence on record.
Judgment Evidence:
In the result, the suit is decreed and a preliminary decree of partition is passed as given under 1) The plaint schedule property is ordered to be partitioned by metes and bounds into equal shares.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rajesh J D
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Suresh
- Party Age
- 64
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jalaja
- Party Age
- 61
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Pushpa
- Party Age
- 57
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sunitha
- Party Age
- 55
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Jalamani
- Party Age
- 76
- Relation
- W/o
Plaintiffs Documents
Certified copy of Sale deed No. 964/1969 of Ernakulam SRO.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jimmy George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Manoj B Menon
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Plaintiff is entitled for separate possession of his share in the plaint schedule property.
Evidence:
Plaintiff is entitled for separate possession of his share and is allowed to file application for passing of final decree.
Relief Type:
Partition
Outcome:
Granted
Description:
The suit is decreed and a preliminary decree of partition is passed.
Evidence:
In the result, the suit is decreed and a preliminary decree of partition is passed as given under.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No. 964/1969 of Ernakulam SRO showing joint purchase of property by the plaintiffs' predecessors.
Reference:
Ext.A1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Joint ownership dispute
Case Code
Case between Rajesh J D vs Suresh et al regarding partition
Case Code Year
Case between Rajesh J D vs Suresh et al regarding partition