Case Summary
The plaintiffs, Sumathi Damodaran and others, sought a petition under Order XX Rule 18 following a preliminary decree for partition of property. The court passed a final decree allotting specific shares of the property to the plaintiffs and defendants based on a Commission report.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition of property with specific shares allocated to each party.
Case Type
Civil Suit
Final Judgment
No
The court ordered the partition of property among the plaintiffs and defendants based on their respective shares as detailed in the final decree. Specific plots were allotted to each party.
Why Plaintiff Won:
The plaintiffs were entitled to their shares as per the preliminary decree and the Commission report.
The plaintiffs were entitled to their shares as per the preliminary decree and the Commission report.
Losing Side's Weaknesses:
The plaintiffs were entitled to their shares as per the preliminary decree and the Commission report.
The plaintiffs were entitled to their shares as per the preliminary decree and the Commission report.
Supporting Evidence
The plaintiffs or defendants are entitled to file application for passing final decree within two months from the date of decree. Parties shall suffer their respective costs.
Judgment Evidence:
Hence, the final decree is passed as follows; 1) The petitioner no.1/plaintiff no.1 is allotted 1/5th share (plot-01) 'BCMNB' as shown in Exhibit C1(a) plan having an extent of 68 sq. mtrs. 2) The petitioner no.2/plaintiff no.2 is allotted 1/5th share (plot-02) 'PQKLMP' as shown in Exhibit C1(a) plan having an extent of 69 sq. mtrs. 3) The petitioner no.3/plaintiff no.3 is allotted 1/5th share (plot-03) 'QRJKQ' as shown in Exhibit C1(a) plan having an extent of 69 sq. mtrs. 4) The defendants no.1 to 3 are jointly allotted 1/5th share (plot-04) 'RSDEFIJR' as shown in Exhibit C1(a) plan having an extent of 68 sq. mtrs. 5) The defendants no.4 to 7 are jointly allotted 1/5th share (plot-05) 'FGHIF' as shown in Exhibit C1(a) plan having an extent of 68 sq. mtrs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sumathi Damodaran
- Party Age
- 84
- Relation
- W/o Late Damodaran
- Party Role
- Plaintiff
- Party Name
- Salikumar P.D
- Party Age
- 64
- Relation
- S/o Late Damodaran
- Party Role
- Plaintiff
- Party Name
- Sandhya P.D
- Party Age
- 46
- Relation
- W/o Suresh
- Party Role
- Defendant
- Party Name
- T.K. Soman
- Party Age
- 69
- Relation
- S/o Kittan
- Party Role
- Defendant
- Party Name
- Nisha
- Party Age
- 39
- Relation
- D/o T.K. Soman
- Party Role
- Defendant
- Party Name
- Nishad
- Party Age
- 36
- Relation
- S/o T.K. Soman
- Party Role
- Defendant
- Party Name
- Suresh Babu
- Party Role
- Defendant
- Party Name
- Subi K.S
- Party Age
- 34
- Relation
- D/o Suresh Babu
Plaintiffs Documents
Nil
Defendants Documents
C1 19.03.2025 Commission Report, C1 (a) 19.03.2025 Plan, C1 (b) 19.03.2025 Plan
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv.Jossy Bastian
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. K.R. Rajesh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Final decree is passed for partitioning the property.
Evidence:
Final decree is passed as follows; The petitioner no.1/plaintiff no.1 is allotted 1/5th share (plot-01) as shown in Exhibit C1(a) plan.
Relief Type:
Possession
Outcome:
Granted
Description:
Final decree is passed for partitioning the property.
Evidence:
The petitioner no.2/plaintiff no.2 is allotted 1/5th share (plot-02) as shown in Exhibit C1(a) plan.
Relief Type:
Possession
Outcome:
Granted
Description:
Final decree is passed for partitioning the property.
Evidence:
The petitioner no.3/plaintiff no.3 is allotted 1/5th share (plot-03) as shown in Exhibit C1(a) plan.
Relief Type:
Possession
Outcome:
Granted
Description:
Final decree is passed for partitioning the property.
Evidence:
The defendants no.1 to 3 are jointly allotted 1/5th share (plot-04) as shown in Exhibit C1(a) plan.
Relief Type:
Possession
Outcome:
Granted
Description:
Final decree is passed for partitioning the property.
Evidence:
The defendants no.4 to 7 are jointly allotted 1/5th share (plot-05) as shown in Exhibit C1(a) plan.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The Commissioner measured out the property and filed the Commission report.
Reference:
C1
Document Type:
Plan
Submitted By:
Court
Relevance:
The plan filed by the Commissioner was used to effect the final decree.
Reference:
C1(a)
Document Type:
Plan
Submitted By:
Court
Relevance:
Another plan filed by the Commissioner, related to the final decree.
Reference:
C1(b)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Sumathi Damodaran et al vs T.K. Soman et al regarding partition of property
Case Code Year
Case between Sumathi Damodaran et al vs T.K. Soman et al regarding partition of property