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
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The properties were not identifiable, requiring demarcation for fair adjudication of shares.
The properties were not identifiable, requiring demarcation for fair adjudication of shares.
Judgment Evidence:
Hence, the petition is to be dismissed.
Parties Involved
Plaintiffs
Saraswathy (Age not specified years)
Agramani House, Manikkamangalam P O, Thottakam Kara, Mattoor Village, Pin: 683 574
Rugmini (Age not specified years)
Chirangarethu House, Kathikkudam P O, Kathikkudam Kara, Kadukutty Village, Pin: 680 308
Omana (Age not specified years)
Pinakkanappady House, Koovappady P O, Aimury Kara, Koovappady Village, Pin: 683 544
Defendants
Balakrishnan (Age not specified years)
Kannadippady House, Vengola P O, Vengola Kara, Arackappady Village, Pin: 683 556
Raveendran (Age not specified years)
Kannadippady House, Vengola P O, Vengola Kara, Arackappady Village, Pin: 683 556
Sabu (Age not specified years)
Kannadippady House, Vengola P O, Vengola Kara, Arackappady Village, Pin: 683556
Radha (Age not specified years)
Kannadippady House, Vengola P O, Vengola Kara, Arackappady Village, Pin: 683556
Nani (Age not specified years)
Kannadippady House, Vengola P O, Vengola Kara, Arackappady Village, Pin: 683 556
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: