Case Summary
The plaintiff, Resleena P.R, is seeking partition and permanent prohibitory injunction against the defendants, who are her deceased husband's family members. The case involves property rights over plaint schedule properties and allegations of harassment by the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
1/4 share over plaint A schedule property and ½ share and 1/4 share of remaining ½ of B schedule property; defendants restrained from interfering with plaintiff's rights.
Case Type
Civil Suit
Final Judgment
No
The suit has been decreed in favor of the plaintiff, granting her a share in the property. The defendants are also restrained from interfering with her rights over the property.
Why Plaintiff Won:
Plaintiff is entitled to get a decree for partition of plaint schedule property as claimed.
Plaintiff is entitled to get a decree for partition of plaint schedule property as claimed.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
From the plaint averments and Exts.A1 and A2, it is clear that the plaintiff is entitled to get a decree of partition of the plaint schedule property by metes and bounds.
Judgment Evidence:
In the result, the suit decreed. A preliminary decree for partition is passed in the following terms.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Resleena P.R
- Party Age
- 40
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- K.Asanar Khan
- Party Age
- 92
- Relation
- F/o
- Party Role
- Defendant
- Party Name
- Sharafudeen
- Party Age
- 75
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Laila Beegum
- Party Age
- 65
- Relation
- D/o
Plaintiffs Documents
Settlement Deed No. 2277/2014, Sale Deed No. 1377/2006
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sukul Khadar.Z.A.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- S.Abdul Karim
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
The plaintiff is entitled to get a decree of partition over the plaint A and B schedule properties.
Evidence:
In the absence of any evidence to show that there are other legal heirs, I am of the view that the plaintiff is entitled to get a decree for partition of plaint schedule property as claimed.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The additional defendants are permanently restrained from creating any documents of the plaint schedule properties and from obstructing the plaintiff.
Evidence:
The additional defendants and their men are permanently restrained from creating any documents of the plaint schedule properties by including the share of the plaintiff.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
It establishes the plaintiff's claim to 1/4th share of the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
It shows that the plaintiff’s husband is the owner in possession of the plaint schedule property.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Resleena P.R vs K.Asanar Khan et al regarding Partition and Injunction
Case Code Year
Case between Resleena P.R vs K.Asanar Khan et al regarding Partition and Injunction