Case Summary
The case involves petitioners Rajesh and Dhanya seeking a final decree for partition of a property. The court has accepted the commission report for the partition.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Final decree for partition of the property.
Case Type
Civil Suit
Final Judgment
No
The court has passed a final decree ensuring the petitioners' ownership over 2.025 ares of the schedule property. The commission report and plans have been accepted.
Why Plaintiff Won:
The court found the commission report satisfactory and in accordance with the preliminary decree.
The court found the commission report satisfactory and in accordance with the preliminary decree.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The court has accepted the commissioner’s findings and recommendations as just and equitable.
Judgment Evidence:
In the result, a final decree is passed in the following terms: 1.Plot shown in blue colour by giving letters IJKLDI in C1(a) plan is allotted to the share of the petitioners over preliminary decree schedule property and the share is separated. Ext. C1(a) plan shall form part of the decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rajesh
- Party Age
- 43
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Dhanya
- Party Age
- 35
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sarada
- Party Age
- 80
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Omanakuttan
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Unni
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Thampi
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sobhana
- Party Age
- 53
- Relation
- D/o
Plaintiffs Documents
Nil
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv.Jani.A
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Final decree for partition was granted to the petitioners as per their claims.
Evidence:
In the result, a final decree is passed in the following terms: 1. Plot shown in blue colour by giving letters IJKLDI in C1(a) plan is allotted to the share of the petitioners over preliminary decree schedule property and the share is separated.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The Commission report, mahazar, and plan were accepted and marked in evidence as they identified the preliminary decree schedule property and allotted the share of the petitioners.
Reference:
Ext.C1 series
Document Type:
Application (Right to Information)
Submitted By:
Court
Relevance:
The application was part of the court exhibits.
Reference:
Ext.C1
Document Type:
Sketch and Plan
Submitted By:
Court
Relevance:
The sketch and plan provided details of the property allotment.
Reference:
Ext.C1(a)
Document Type:
Report from Adv. Commissioner
Submitted By:
Court
Relevance:
The report included necessary valuation data for the proceedings.
Reference:
Ext.C1(b)
Document Type:
Mahazar
Submitted By:
Court
Relevance:
The mahazar confirmed the ground realities regarding the property.
Reference:
Ext.C1(c)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
OS.NO.
Case Code Year
2017