Case Summary
The plaintiffs, Shiny K.S, Satchi K.P, and Sarath K.S, are seeking a partition of property inherited from their deceased relative, Kunjappan V.K. The defendants, V.K.Sreedharan and P.K.Unnikrishnan, are also heirs to the same property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiffs are entitled to partition of the plaint schedule property into 8 equal shares and allotment of 6 of such shares to the plaintiffs.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaint schedule property is to be divided into 8 equal shares, with the plaintiffs being entitled to 6 shares and the defendants to 1 share each. The plaintiffs were granted separate possession of their shares.
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim. So, a decree can rightly be passed as prayed.
Judgment Evidence:
In the result, the suit is decreed as follows: 1.Plaint schedule property is divided into 8 equal shares. 2.Plaintiffs are jointly entitled to get 6/8 of such shares and separate possession thereof.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shiny K.S
- Party Age
- 47
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Satchi K.P
- Party Age
- 81
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sarath K.S
- Party Age
- 44
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- V.K.Sreedharan
- Party Age
- 81
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- P.K.Unnikrishnan
- Party Age
- 63
- Relation
- S/o
Plaintiffs Documents
Death certificate of Ponnamma P.K, Legal heirship certificate issued by Kochi Taluk Office, Certified copy of release deed no. 909/1/2011 of Maradu SRO, Certified copy of Settlement deed no. 910/1/11 of Maradu SRO, Certified copy of release deed no. 485/1/17 of Maradu SRO, Original of the Purchase certificate.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V.A.Johnson
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Harikrishnan
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Hari P Nair
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Saju wahab
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Eldho Cherian
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Cyriac Tom
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Naveen A Varkey
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Karthika Saroj
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The plaintiffs are entitled to a partition of the plaint schedule property into 8 equal shares, with 6/8 shares allotted to them.
Evidence:
The result of the suit is the decree for partitioning the plaint schedule property into 8 equal shares.
Documents & Evidence
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
This document proves the death of Ponnamma P.K, which is relevant to the claims for partition.
Reference:
Ext.A1
Document Type:
Legal heirship certificate
Submitted By:
Plaintiff
Relevance:
This certificate establishes the legal heirs of Ponnamma P.K, which is necessary for the partition proceedings.
Reference:
Ext.A2
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
This document shows the relinquishment of rights in respect of the plaint schedule property in favor of Ponnamma.
Reference:
Ext.A3
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
This deed documents the settlement of rights in respect of the property to Ponnamma.
Reference:
Ext.A4
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
This document further confirms the relinquishment of rights by another heir in favor of Ponnamma.
Reference:
Ext.A5
Document Type:
Purchase Certificate
Submitted By:
Plaintiff
Relevance:
This original document establishes the ownership of the property by Kunjappan, relevant to the partition issue.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Shiny K.S et al vs V.K.Sreedharan et al regarding partition of property.
Case Code Year
Case between Shiny K.S et al vs V.K.Sreedharan et al regarding partition of property.