Case Summary
The case involves a petition for partition filed by the plaintiff Sunildathu against the defendants Sheeja, Thulasibhai, Souraf, and Sandra. The plaintiff seeks a decree of partition for the plaint schedule property, which is claimed to belong jointly to the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree for partition of the plaint schedule property
Case Type
Civil Suit
Final Judgment
No
The suit for partition was decreed, with a preliminary decree passed for the division of property. The plaintiff is entitled to a ½ oodukoor right over the plaint schedule property.
Why Plaintiff Won:
The defendants submitted a consent statement admitting the claims made by the plaintiff.
The defendants submitted a consent statement admitting the claims made by the plaintiff.
Losing Side's Weaknesses:
The defendants submitted a consent statement admitting the claims made by the plaintiff.
The defendants submitted a consent statement admitting the claims made by the plaintiff.
Supporting Evidence
On going through the plaint averments and the consent statement filed by the defendants, it can be seen that the plaintiffs and defendants are entitled to get equal shares over the plaint schedule property.
Judgment Evidence:
In the result, the suit is decreed. A preliminary decree for partition is passed in the following terms: 1.The plaint schedule property shall be divided into two equal shares by metes and bounds.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sunildathu
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sheeja
- Party Age
- 43
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Thulasibhai
- Party Age
- 60
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Souraf
- Party Age
- 20
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sandra
- Party Age
- 18
Plaintiffs Documents
Photocopy of Sale Deed No. 1553/2019, Land Tax Receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Vettathu V.Ajith Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jaseera P.A
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sanoj Kumar.R
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
A preliminary decree for partition of the plaint schedule property into two equal shares.
Evidence:
In the result, the suit is decreed. A preliminary decree for partition is passed in the following terms: The plaint schedule property shall be divided into two equal shares by metes and bounds.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to get ½ oodukoor right over the plaint schedule property by metes and bounds.
Evidence:
The plaintiff is entitled to get ½ oodukoor right over the plaint schedule property by metes and bounds, and his share shall be separated.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Photocopy of Sale Deed No. 1553/2019 is used to establish the plaintiff's claim to oodukoor right over the plaint schedule property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land Tax Receipt is referenced to support the ownership and tax responsibilities pertaining to the plaint schedule property.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Partition
Case Code
Case between Sunildathu vs Sheeja et al regarding Partition
Case Code Year
Case between Sunildathu vs Sheeja et al regarding Partition