Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
OS No. 11 / 2025

Case between Saji Joseph vs Elsy regarding Partition

Court
THE COURT OF THE MUNSIFF KOLENCHERY
Judge
Smt. Sirsha NA
Order Date
2025-05-21
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

Case between Saji Joseph and the defendant Elsy regarding partition of a property inherited from their parents. Plaintiff seeks separation of his 7/8 share in the property.

Judgment Outcome

Plaintiff Won
Interim Order
Plaintiff entitled to partition of the property, preliminary decree passed for separation of shares.
Judgment Favored
Plaintiff
Relief Granted
Case Type
Partition Suit
Final Judgment
No
Plaintiff entitled to partition of the property, preliminary decree passed for separation of shares.
Why Plaintiff Won:
Losing Side's Weaknesses:
Not available
Supporting Evidence
Through oral testimony and documentary evidence, it is established that the plaintiff has valid title to 7/8 of the property and the defendant failed to challenge this evidence.

Judgment Evidence:

Suit decreed. Accordingly, a preliminary decree for partition is passed as follows: a) The plaint schedule property shall be partitioned into eight (8) equal shares by metes and bounds. The plaintiff shall be allotted 7/8 shares, and the defendant shall be allotted 1/8 share. b) The plaintiff's 7/8 share shall be separated and put in his exclusive possession. c) Costs shall be borne out of the estate. d) Any party may approach this Court for the passing of the final decree.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Saji Joseph
Party Age
57
Relation
S/o Joseph
Party Role
Defendant
Party Name
Elsy @ Elsamma
Party Age
65
Relation
W/o Joy
Plaintiffs Documents
Sale Deed No.1358/1953, Sale Deed No.3396/2013, Relinquishment Deed No.5792/2024, Tax receipt 2024-25
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
T.C.Baby Thekkumchery
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
P.G.Subhash
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Basil Kurian Baby
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Partition
Outcome: Granted
Description:
Partition of property and separation of shares
Evidence:
A preliminary decree for partition is passed

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Ownership of plaint schedule property
Reference:
Ext.A1
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Acquisition of 5/8 share
Reference:
Ext.A2
Document Type: Relinquishment Deed
Submitted By: Plaintiff
Relevance:
Acquisition of 1/8 share
Reference:
Ext.A3
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Tax payment confirmation
Reference:
Ext.A4

Case Classification

Case Type
Partition Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Case Code
Case between Saji Joseph vs Elsy regarding Partition
Case Code Year
Case between Saji Joseph vs Elsy regarding Partition

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Case Filed
Case Closed
From
Tue, 04/01/2025 - 12:00
To
Sat, 05/31/2025 - 12:00
Outcome Confidence
50%

Involved Entities

Similar Cases

Case between Dipin R vs Deepthy R regarding partition and consequential reliefs.
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Partition Suit Plaintiff Won
Case between Baby Chandran vs M K Manoharan et al regarding partitioning of property
Court of Munsiff, Ernakulam
Partition Suit Unknown
Case between Enid D'cruz et al vs Green Joseph Fernandez regarding Partition
MUNSIFF COURT, ERNAKULAM
Partition Suit Defendant Won
Case between Haridas vs Sumathi et al regarding partition
Court of the Munsiff, Perumbavoor
Partition Suit Plaintiff Won
Case between Kannaki Viswanath vs Arun Viswanathan regarding Partition
The Court of the Munsiff, Perumbavoor
Partition Suit Unknown