Case Summary
Raji.G.S filed a petition for a final decree of partition regarding property. The case involves Raji.G.S as the plaintiff and N.Gopalkrishna Naidu and others as defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Final decree for partition of the property as per the preliminary decree.
Case Type
Final Decree for Partition
Final Judgment
No
The court accepted the commission report and granted a final decree for partition, allotting a 1/4th share of the property to the plaintiff.
Why Plaintiff Won:
The petitioner is entitled to a final decree based on the commission report which complied with the preliminary decree provisions.
The petitioner is entitled to a final decree based on the commission report which complied with the preliminary decree provisions.
Losing Side's Weaknesses:
The petitioner is entitled to a final decree based on the commission report which complied with the preliminary decree provisions.
The petitioner is entitled to a final decree based on the commission report which complied with the preliminary decree provisions.
Supporting Evidence
I have perused the preliminary decree passed in this case and the commission report, mahazar and plan prepared by the advocate commissioner. 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.
Judgment Evidence:
In the result, a final decree is passed in the following terms: 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 filed in support of the IA, commission report, mahazar and plan.
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 for partition of the property, allotting 1/4th share to the petitioner.
Evidence:
Therefore, based on Ext. C1 series, a final decree can be passed and the point is found accordingly.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The commission report, mahazar, and plan were accepted as evidence to effect the partition of the plaint schedule property.
Reference:
Ext.C1 series
Case Classification
Case Type
Final Decree for Partition
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Raji.G.S vs N.Gopalkrishna Naidu et al regarding petition for final decree for partition
Case Code Year
Case between Raji.G.S vs N.Gopalkrishna Naidu et al regarding petition for final decree for partition