Case Summary
This suit is filed by the plaintiffs for partition and for a permanent prohibitory injunction regarding the properties left by their deceased father, Padmakaran. The plaintiffs and defendants are siblings and legal heirs who seek to resolve disputes over the rightful division of inherited properties.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree of partition as per respective shares.
Case Type
Civil Suit
Final Judgment
No
The court has decreed a preliminary partition of the properties among the plaintiffs and defendants. Each party is entitled to their respective shares as lawful heirs.
Why Plaintiff Won:
The plaintiffs succeeded based on their shared rights over the inherited properties under the Hindu Succession Act.
The plaintiffs succeeded based on their shared rights over the inherited properties under the Hindu Succession Act.
Losing Side's Weaknesses:
The plaintiffs succeeded based on their shared rights over the inherited properties under the Hindu Succession Act.
The plaintiffs succeeded based on their shared rights over the inherited properties under the Hindu Succession Act.
Supporting Evidence
The plaintiffs alleged that the 3rd defendant attempted to assert exclusive ownership and deny their legitimate rights over the properties by creating false documents and making unauthorized constructions.
Judgment Evidence:
In view of the findings on issue Nos. 1 to 4, a preliminary decree of partition in respect of plaint A, B and C schedule properties is passed as follows: The plaint A schedule property is found to be partiable by metes and bounds.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sreelekha
- Party Age
- 63
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- P.Sreekala
- Party Age
- 55
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- N. Indira
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- P.S Ajayakumar
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- P.S Jayadeep
- Party Age
- 51
- Relation
- S/o
Plaintiffs Documents
Certified copy of partition deed No.1395/1960, Certified copy of sale deed No. 1345/1972, Certified copy of Sale Cum release deed No. 3919/1995, Photocopy of sale deed No. 2610/1964, Photocopy of partition deed No. 1918/1/1953, Certified copy of partition deed No.776/1122.
Defendants Documents
Photocopy of release No. 1368/2011.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S.R Prsanth
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.R Rajeev Krishnan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- C.G. Suresh Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
To restrain the defendants from alienating, damaging, or cutting trees on the plaint schedule properties.
Evidence:
The question of granting prohibitory injunction does not survive except to the extent of restraining any party from cutting and removing valuable trees from the plaint schedule properties.
Relief Type:
Partition
Outcome:
Granted
Description:
Partition of plaint A, B, and C schedule properties among the parties.
Evidence:
A preliminary decree of partition in respect of plaint A, B, and C schedule properties is passed.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Shows the original ownership of the plaint A schedule property by the deceased Padmakaran.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Indicates the purchase of the B schedule property by Padmakaran.
Reference:
Ext.A2
Document Type:
Sale Cum Release Deed
Submitted By:
Plaintiff
Relevance:
Documents the acquisition of C schedule property by Padmakaran.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Details the purchase of another part of the C schedule property by Padmakaran.
Reference:
Ext.A4
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Related to another portion of the C schedule property.
Reference:
Ext.A5
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Another document pertinent to the partition of properties.
Reference:
Ext.A6
Document Type:
Release deed
Submitted By:
Defendant
Relevance:
Shows that the 1st defendant released her rights in favor of the 2nd defendant over part of the plaint A schedule property.
Reference:
Ext.B1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Sreelekha et al vs N. Indira et al regarding partition and permanent prohibitory injunction
Case Code Year
Case between Sreelekha et al vs N. Indira et al regarding partition and permanent prohibitory injunction