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O.S. No.1560/2016

Case between Smt. Sunitha vs M.M. Amal Raj regarding Partition

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
Smt. REEJA R. NAIR.
Order Date
2024-12-21
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, Smt. Sunitha and Kum. Anghaka Sahajan, are seeking a partition of property originally acquired by their deceased father, Sri. Manoharan. The defendants, including M.M. Amal Raj and others, are contesting the claims regarding the property ownership and division.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed a preliminary decree of partition, allocating 2/3 share to the plaintiffs and 1/3 share to the defendants in the property. The plaintiffs are entitled to file for final decree.
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree for partition by metes and bounds.
Case Type
Civil Suit
Final Judgment
No
The court decreed a preliminary decree of partition, allocating 2/3 share to the plaintiffs and 1/3 share to the defendants in the property. The plaintiffs are entitled to file for final decree.
Why Plaintiff Won:
The plaint schedule property was established as partible and the plaintiffs' claims were uncontroverted.
Losing Side's Weaknesses:
The plaint schedule property was established as partible and the plaintiffs' claims were uncontroverted.
Supporting Evidence
The unrebutted oral testimony of PW1, PW2 and Exhibits A1 to A7 established their case as pleaded by them. Nothing was brought out so as to discredit the claims of the plaintiffs in evidence.

Judgment Evidence:

In the result, the suit is decreed and a preliminary decree of partition is passed as given under; (i) The plaint schedule property is found partiable. (ii) The plaint schedule property is ordered to be partitioned by metes and bounds and the plaintiffs jointly are allotted 2/3rd share, with the remaining 1/3rd share jointly allocated to the defendants.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Smt. Sunitha
Party Age
45
Relation
W/o
Party Role
Plaintiff
Party Name
Kum. Anghaka Sahajan
Party Age
17
Relation
D/o
Party Role
Defendant
Party Name
M.M. Amal Raj
Party Age
40
Relation
S/o
Party Role
Defendant
Party Name
Smt. Santha Gopi
Party Age
56
Relation
D/o
Party Role
Defendant
Party Name
Smt. Sujatha Pankajakshan
Party Age
54
Relation
D/o
Party Role
Defendant
Party Name
Smt. Indira Puzhkaran
Party Age
52
Relation
D/o
Party Role
Defendant
Party Name
Smt. Anjana Sanalkumar
Party Age
50
Relation
D/o
Plaintiffs Documents
Certified copies of various documents related to property ownership.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Dinesh Menn
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
V. Shankar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
M.G. Jeevan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Saniya Jose Mampilly
Appearance Type
Main Counsel

Reliefs

Relief Type: Partition
Outcome: Granted
Description:
Decree for partition of the plaint schedule properties by metes and bounds.
Evidence:
The suit is decreed and a preliminary decree of partition is passed as given under.
Relief Type: Possession
Outcome: Granted
Description:
Plaintiffs are entitled to get separate possession of their respective shares.
Evidence:
The plaintiffs are entitled to get separate possession of their respective shares.

Documents & Evidence

Document Type: Certified copy of document
Submitted By: Plaintiff
Relevance:
Establishes the original acquisition of the property by Manoharan.
Reference:
Ext.A1
Document Type: Certified copy of document
Submitted By: Plaintiff
Relevance:
Further supports the ownership claims of the plaintiffs.
Reference:
Ext.A2
Document Type: Certified copy of document
Submitted By: Plaintiff
Relevance:
Details the Will executed by Manoharan regarding property distribution.
Reference:
Ext.A3
Document Type: Certified copy of document
Submitted By: Plaintiff
Relevance:
Provides evidence of title related to the property in question.
Reference:
Ext.A4
Document Type: Certified copy of document
Submitted By: Plaintiff
Relevance:
Further substantiates the claims related to the property.
Reference:
Ext.A5
Document Type: Encumbrance certificate
Submitted By: Plaintiff
Relevance:
Confirms the status of the property over a specific period.
Reference:
Ext.A6
Document Type: Encumbrance certificate
Submitted By: Plaintiff
Relevance:
Additional evidence regarding the encumbrance of the property.
Reference:
Ext.A7

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Smt. Sunitha vs M.M. Amal Raj regarding Partition
Case Code Year
Case between Smt. Sunitha vs M.M. Amal Raj regarding Partition

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Sun, 12/01/2024 - 12:00
To
Tue, 12/31/2024 - 12:00
Outcome Confidence
95%

Involved Entities

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