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O.S No. 692/2022

Case between Shinu Gopal vs Prasanna Gopal et al regarding partition and separate possession

Court
I Additional Munsiff Court
Judge
Sri. Padmakumar.G.
Order Date
2024-02-06
Duration
approximately-5 years 7 months

Judgement document from eCourt website

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Case Summary

The plaintiff, Shinu Gopal, is suing her stepmother and half-brothers for partition of inherited property. The plaintiff claims her legal right to a share of the property owned by her deceased father, which is currently in the exclusive possession of the defendants.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed a preliminary decree for partition, recognizing the plaintiff's right to a 1/4 share of the inherited property. The parties are to bear their respective costs.
Judgment Favored
Plaintiff
Relief Granted
A preliminary decree for partition of the property into 4 equal shares
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff has equal undivided share in the property as per the Hindu Succession Act.

Judgment Evidence:

Hence, the suit is decreed and a preliminary decree for partition is passed as follows: 1. The plaint schedule properties shall be divided into 4 equal shares and out of which 1/4 th share is allotted to the plaintiff.

Parties Involved

Plaintiffs

Shinu Gopal (45 years years) Now residing at Kannoth house, UTRA 78, Unichira Thaikavu Road, Konnamthai, Ernakulam – 682 033

Defendants

Prasanna Gopal (70 years years) Prasannalayam, Chengampuzha Nagar P.O, Manathupadam Road, Koonamthai, Ernakulam – 682 033 Rajesh Gopal (42 years years) Prasannalayam, Chengampuzha Nagar P.O, Manathupadam Road, Koonamthai, Ernakulam – 682 033 Hemand Kumar. G (32 years years) Prasannalayam, Chengampuzha Nagar P.O, Manathupadam Road, Koonamthai, Ernakulam – 682 033

Reliefs

Relief Type: Possession
Outcome: Granted
Description:
The plaintiff is granted a 1/4th share of the plaint schedule property.
Evidence:
the suit is decreed and a preliminary decree for partition is passed as follows: 1.The plaint schedule properties shall be divided into 4 equal shares and out of which 1/4 th share is allotted to the plaintiff.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Certified copy of the sale deed related to the property in dispute.
Reference:
Ext.A1
Document Type: Death Certificate
Submitted By: Plaintiff
Relevance:
True copy of the death certificate of the plaintiff's father.
Reference:
Ext.A2
Document Type: Oral Evidence
Submitted By: Unknown
Relevance:
Evidence provided by the plaintiff during the court proceedings.
Reference:

Quick Facts

Location
Ernakulam
Case Filed
Tue, 06/19/2018 - 12:00
Outcome Confidence
90%

Involved Entities

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