Case between Shibi James et al vs Sheela Varghese regarding partition of property.

Case Summary

The case involves plaintiffs Shibi James, Shiya Alexander, and Molly Cherian seeking partition of the plaint schedule property among themselves and the defendant, Sheela Varghese, who is also a legal heir. The plaintiffs claim their respective shares in the property originally owned by their deceased relative, Cherian Cherian.

Judgment Outcome

Plaintiff Won

Interim Order

The court found that all parties are co-owners of the plaint schedule property and entitled to their respective shares. A preliminary decree for partition was passed in favor of the plaintiffs and the defendant.

Judgment Favored

Plaintiff

Relief Granted

A preliminary decree is passed for partition of the plaint schedule property by metes and bounds and allotment of separate possession of respective shares.

Case Type

Civil Suit

Final Judgment

No

The court found that all parties are co-owners of the plaint schedule property and entitled to their respective shares. A preliminary decree for partition was passed in favor of the plaintiffs and the defendant.

Why Plaintiff Won:
The court found clear admissions from the defendant regarding the title and joint ownership, which empowered the court to grant the decree without requiring further evidence.

Losing Side's Weaknesses:
Not available

Supporting Evidence

The admission is categorical unambiguous and unconditional. In such circumstances in view of Order XXII Rule 6 of CPC, the court is empowered to pass a judgment based on admissions made in the pleadings without requiring further evidence.

Judgment Evidence:

In the result, The suit is decreed as follows: (a) A preliminary decree is passed for partition of the plaint schedule property by metes and bounds and allotment of separate possession of respective shares of parties as discussed above.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Shibi James
Party Age: 54
Relation: W/o James Chacko

Party Role: Plaintiff
Party Name: Shiya Alexander
Party Age: 48
Relation: W/o Capt. Alexander Cherian

Party Role: Plaintiff
Party Name: Molly Cherian
Party Age: 82
Relation: W/o Late P C Cherian

Party Role: Defendant
Party Name: Sheela Varghese
Party Age: 60
Relation: W/o I.C. Varghese

Plaintiffs Documents

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: K Karjet
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Manu Nair
Appearance Type: Main Counsel

Reliefs

Relief Type: Possession

Outcome: Granted

Description:

A preliminary decree is passed for partition of the plaint schedule property by metes and bounds and allotment of separate possession of respective shares of parties as discussed above.

Evidence:

Accordingly, it is found that plaintiffs and defendant are co-owners of the plaint schedule property and entitled the following shares.

Documents & Evidence

Case Classification