Case Summary
The case involves a petition for partition of property previously allotted to Velayudhan Nair. The plaintiffs are his siblings, claiming their shares as he has not been seen for over 36 years.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Appointment of Advocate commissioner and surveyor for ascertaining property matters.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition for local investigation regarding the partition of property. An Advocate commissioner and surveyor was appointed to ascertain the matters sought in the application.
Why Plaintiff Won:
The court found sufficient grounds to allow the petition based on the contention that the plaintiffs needed to identify the property for partition.
The court found sufficient grounds to allow the petition based on the contention that the plaintiffs needed to identify the property for partition.
Losing Side's Weaknesses:
The court found sufficient grounds to allow the petition based on the contention that the plaintiffs needed to identify the property for partition.
The court found sufficient grounds to allow the petition based on the contention that the plaintiffs needed to identify the property for partition.
Supporting Evidence
Having regard to the above, I find that there are sufficient grounds to allow the application filed by the plaintiffs/petitioners.
Judgment Evidence:
In the result, IA stands allowed. Adv.Saritha.V (C/o.K.S.Abhilash) along with a Surveyor are appointed for ascertaining the matters sought for in the application.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Saraswathy Amma
- Party Role
- Plaintiff
- Party Name
- Sukumaran Nair
- Party Role
- Plaintiff
- Party Name
- Omana Amma
- Party Role
- Plaintiff
- Party Name
- Syamala Amma
- Party Role
- Plaintiff
- Party Name
- Leelakumari Amma
- Party Role
- Defendant
- Party Name
- Chandran pillai
- Party Role
- Defendant
- Party Name
- Jayarani
- Party Role
- Defendant
- Party Name
- Jayavani
- Party Role
- Defendant
- Party Name
- Jayalekshmi
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V. Suresh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K. Nagendran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The petition for the appointment of an Advocate commissioner and surveyor was allowed.
Evidence:
Having regard to the above, I find that there are sufficient grounds to allow the application filed by the plaintiffs/petitioners.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
The court refers to partition deed No.3053/1968 as the basis for the partition claim.
Reference:
Ext.C1
Document Type:
Deed
Submitted By:
Defendant
Relevance:
The court discusses deed No.3591/2015, 3592/2015, and 3593/2015 executed by the first defendant.
Reference:
Ext.C2
Document Type:
Oral Evidence
Submitted By:
Court
Relevance:
Oral contentions regarding the existence of shared properties are discussed.
Reference:
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Partition Dispute
Case Code
Case between Saraswathy Amma et al vs Chandran pillai et al regarding partition of property
Case Code Year
Case between Saraswathy Amma et al vs Chandran pillai et al regarding partition of property