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OS.155/2024

Case between Saraswathy, Rugmini, Omana vs Balakrishnan et al regarding partition and injunction

Court
THE COURT OF THE MUNSIFF, PERUMBAVOOR
Judge
Smt. Alshari A.
Order Date
2025-01-07
Duration
Case Code No.
155
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, Saraswathy, Rugmini, and Omana, filed a suit for partition and injunction concerning the property of their deceased sister, Bhargavy. The defendants, including Balakrishnan and others, dispute the claims, stating the suit is filed without good faith and seek dismissal.

Judgment Outcome

Defendant Won
Interim Order
The petition for partition and injunction was dismissed as the properties were found to be non-identifiable without proper demarcation. A commission report was required for fair adjudication.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petition for partition and injunction was dismissed as the properties were found to be non-identifiable without proper demarcation. A commission report was required for fair adjudication.
Key Reasoning:
The properties were not identifiable, requiring demarcation for fair adjudication of shares.
Why Defendant Won:
The properties were not identifiable, requiring demarcation for fair adjudication of shares.
Supporting Evidence
Commissioner had also reported that, plaint B schedule property was also not identifiable.

Judgment Evidence:

Hence, the petition is to be dismissed.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Saraswathy
Relation
W/o
Party Role
Plaintiff
Party Name
Rugmini
Relation
W/o
Party Role
Plaintiff
Party Name
Omana
Relation
W/o
Party Role
Defendant
Party Name
Balakrishnan
Relation
S/o
Party Role
Defendant
Party Name
Raveendran
Relation
S/o
Party Role
Defendant
Party Name
Sabu
Relation
S/o
Party Role
Defendant
Party Name
Radha
Relation
W/o
Party Role
Defendant
Party Name
Nani
Relation
W/o
Plaintiffs Documents
Document bearing No.5403/81
Defendants Documents
Not mentioned

Advocates

Party Role
Plaintiff
Advocate Name
G Santhoshkumar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Biji Mathew
Appearance Type
Main Counsel
Law Firm
Legal aid counsel
Party Role
Defendant
Advocate Name
K M Alias
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
P V Shiji
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Praju K Paul
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
P T Geevarghese
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Rohan Roy
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Sanjay S
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Injunction
Outcome: Refused
Description:
The petition sought an injunction against the defendants to prevent them from alienating the property.
Evidence:
Hence, the petition is to be dismissed.
Relief Type: Recovery
Outcome: Refused
Description:
The petition included a recovery of possession of the plaint schedule properties.
Evidence:
Court fee is remitted for the relief of recovery of possession.
Relief Type: Declaration
Outcome: Not Decided
Description:
A commission report to identify and demarcate properties was sought.
Evidence:
It is necessary to obtain a commission report, by measuring the properties with the assistance of the surveyor.

Documents & Evidence

Document Type: Commissioner Report
Submitted By: Court
Relevance:
The court referenced the commission report to note that the plaint schedule property is not lying demarcated and requires measurement to adjudicate the matter.
Reference:
I.A 3/2024
Document Type: Title Document
Submitted By: Plaintiff
Relevance:
The court noted that the property devolved upon the plaintiff and respondents by virtue of this title document.
Reference:
5403/81
Document Type: Oral Evidence
Submitted By: Court
Relevance:
The court heard arguments from both sides regarding the property and the necessity for a commission report.
Reference:

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Case Code
OS.
Case Code Year
2024

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Case Filed
Case Closed
From
Wed, 01/01/2025 - 12:00
To
Fri, 01/31/2025 - 12:00
Outcome Confidence
80%

Involved Entities

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