Case Summary
This case involves Raji.G.S as the plaintiff seeking a final decree for partition of property. The defendants include N.Gopalkrishna Naidu and Biju.G.S, who are contesting the division of the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The petitioner's 1/4th share in the scheduled property is separated and allotted.
Case Type
Civil Suit
Final Judgment
No
The court accepted the commission report and allotted the 1/4th share of the property to the plaintiff as per the preliminary decree. The partition was deemed just and proper.
Why Plaintiff Won:
The commission report confirmed the proper partition of the property as per the preliminary decree.
The commission report confirmed the proper partition of the property as per the preliminary decree.
Losing Side's Weaknesses:
The commission report confirmed the proper partition of the property as per the preliminary decree.
The commission report confirmed the proper partition of the property as per the preliminary decree.
Supporting Evidence
I am satisfied that the commissioner has effected partition of the preliminary decree schedule property in terms with the preliminary decree passed in this case. The partition effected by the commission is just and equitable.
Judgment Evidence:
In the result, a final decree is passed in the following terms: 1. The plot shown in yellow colour by giving letters EFGJE in C1 plan is allotted to the share of the petitioner over preliminary decree schedule property and the share is separated.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Raji.G.S
- Party Age
- 45
- Relation
- D/o Late Sarojini Amma
- Party Role
- Defendant
- Party Name
- N.Gopalkrishna Naidu
- Party Age
- 85
- Relation
- S/o Nagaratnam
- Party Role
- Defendant
- Party Name
- Biju.G.S
- Party Age
- 48
- Relation
- S/o N.Gopalakrishana Naidu
- Party Role
- Defendant
- Party Name
- Saji.G.S
- Party Age
- 43
- Relation
- S/o N.Gopalakrishan Naidu
Plaintiffs Documents
Affidavit, Memo vide CF No.21035/23, Commission report.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Abdul Muneer.R
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Final decree separating the 1/4th share of the petitioner/plaintiff over the preliminary decree schedule property.
Evidence:
In the result, a final decree is passed in the following terms: 1. The plot shown in yellow colour by giving letters EFGJE in C1 plan is allotted to the share of the petitioner over preliminary decree schedule property and the share is separated.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from creating any charges over the ¼ share of plaint schedule property until partition.
Evidence:
The defendants are restrained by a decree of permanent prohibitory injunction from creating any charges over the ¼ share of plaint schedule property until the plaint schedule property is partitioned by metes and bounds.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The court accepted the commission report, mahazar and plan as evidence for partition.
Reference:
Ext.C1 series
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Mahazar prepared and submitted by Advocate Commissioner N.Niyas.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report prepared and submitted by Advocate Commissioner N.Niyas.
Reference:
Ext.C1(b)
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
2019