Case Summary
This case involves the plaintiffs Shakeela, Rejila Kumari, Shamila, Shanooj, and Shibin seeking a partition of the inherited property originally belonging to their deceased father, Kunjan @ Kochappi. The defendant, Ushakumari, did not appear in court to contest the claim.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition of property into six equal shares
Case Type
Civil Suit
Final Judgment
No
The court granted a preliminary decree for partition of the plaint schedule property into six equal shares, giving each party a 1/6 share.
Why Plaintiff Won:
The plaintiffs established their entitlement to partition through the undisputed testimony and documentary evidence presented.
The plaintiffs established their entitlement to partition through the undisputed testimony and documentary evidence presented.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiffs have proved their case by oral as well as documentary evidence and there is no evidence contrary to that.
Judgment Evidence:
In the result, preliminary decree is passed as follows: That the plaint schedule property shall be partitioned into six equal shares.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shakeela
- Party Age
- 67
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Rejila Kumari. J.
- Party Age
- 60
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Shamila
- Party Age
- 57
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Shanooj
- Party Age
- 54
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Shibin
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ushakumari
- Party Age
- 60
- Relation
- D/o
Plaintiffs Documents
Certified copy of Gift deed No.183/1972, Death certificate of Kunjan.K, Death certificate of V. Saradha, Copy of death certificate of Shijin, Property tax receipt, Death certificate of Vasanthakumari
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Kilimanoor S. Suresh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Plaintiffs requested partition of the property.
Evidence:
In the result, preliminary decree is passed as follows: That the plaint schedule property shall be partitioned into six equal shares.
Documents & Evidence
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Certified copy evidencing the original ownership of the property.
Reference:
Ext.A1
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death certificate of Kunjan.K evidencing the death of the original owner.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death certificate of V. Saradha provided as evidence.
Reference:
Ext.A3
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Copy of death certificate of Shijin confirming no issues.
Reference:
Ext.A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Property tax receipt provided as part of the evidence.
Reference:
Ext.A5
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death certificate of Vasanthakumari included for establishing heirship.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Shakeela et al vs Ushakumari regarding partition
Case Code Year
Case between Shakeela et al vs Ushakumari regarding partition