Case Summary
The plaintiff Sasi, along with the defendants who are his siblings and mother, filed a suit for partition of their late father's property. The court found that the property is liable to be partitioned among them.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition of the property by metes and bounds into five equal shares.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The property belonged to late Vayaroni and is liable to be partitioned among his legal heirs.
The property belonged to late Vayaroni and is liable to be partitioned among his legal heirs.
Judgment Evidence:
In the result, the suit is decreed and a preliminary decree of partition is passed as given under: 1)Plaint A schedule property is ordered to be partitioned by metes and bounds into five equal shares.
Parties Involved
Plaintiffs
Sasi (58 years)
Malayilparambil House, Kusumagiri, Kakkanad
Defendants
Kumba (85 years)
Malayilparambil House, Kusumagiri, Kakkanad, Kochi-30
Gopi (60 years)
Malayilparambil House, Kusumagiri, Kakkanad, Kochi-30
Sivan (56 years)
Malayilparambil House, Kusumagiri, Kakkanad, Kochi-30
Ambika (50 years)
Pappakudathil House, Kusumagiri.P.O. Athani, Kakkanad, Kochi-30
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Partition of plaint A schedule property by metes and bounds into five equal shares.
Evidence:
I find no reason to disbelieve the evidence of PW1 that plaint A schedule property is liable to be partitioned.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Request for a permanent prohibitory injunction restraining defendants from alienating or making any constructions in plaint B and C schedule properties.
Evidence:
As Plaintiff has limited his claim for partition of plaint A Schedule property alone, I am not inclined to grant permanent prohibitory injunction as sought with respect to plaint B and C schedule properties.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document is a Power of Attorney related to the plaintiff's claims in the case.
Reference:
Ext.A1
Document Type:
Copy of the pattayam
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of the pattayam in LA 384/1996 concerning the plaint A schedule property.
Reference:
Ext.A2