Case Summary
The plaintiffs, children of Gopalan and Chiruthakutty, are seeking a partition of the property originally belonging to their deceased parents. The defendants are the wife and minor children of the predeceased son Bineesh.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree for partition of the plaint schedule property into 4 equal shares.
Case Type
Civil Suit
Final Judgment
No
The suit for partition has been decreed in favor of the plaintiffs, entitling them and the defendants to specified shares in the property.
Why Plaintiff Won:
The defendants admitted the plaint claim.
The defendants admitted the plaint claim.
Losing Side's Weaknesses:
The defendants admitted the plaint claim.
The defendants admitted the plaint claim.
Supporting Evidence
Since the parties are not at issue, there is no need for framing issues. In view of the fact that the defendants have admitted the plaint claim, the plaint claim stands proved.
Judgment Evidence:
In the result, the suit is decreed and a preliminary decree for partition is passed as follows; 1)The plaint schedule property is divided by metes and bounds into 4 equal shares. Plaintiffs No.1 to 3 are entitled to get 1 share each out of 4 shares.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rajitha K.
- Party Age
- 56
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Mini K.M.
- Party Age
- 51
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Beena
- Party Age
- 46
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Soumya N.M.
- Party Age
- 37
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Devapriya
- Party Age
- 17
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Devanjana
- Party Age
- 14
- Relation
- Represented by
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M.A. Latheef
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K.C. Raveendran Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- T.S. Sajith Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
A preliminary decree for partition of the plaint schedule property was passed.
Evidence:
the plaint claim stands proved and plaintiffs are entitled to get the decree as prayed for.
Documents & Evidence
Document Type:
Order
Submitted By:
Court
Relevance:
The order appointed defendant No.1 as the guardian of defendants No.2 & 3.
Reference:
I.A.1/2024
Document Type:
Judgment
Submitted By:
Court
Relevance:
The judgment decreed the partition of the plaint schedule property.
Reference:
Document Type:
Judgment
Submitted By:
Court
Relevance:
Reference to the judgment passed by the Honourable Supreme Court in Kattukandi Edathil Krishnan and another V. Kattukandi Edathil Valsan and others.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
Case between Rajitha K. et al vs Soumya N.M. et al regarding partition.
Case Code Year
Case between Rajitha K. et al vs Soumya N.M. et al regarding partition.