Original Suit No. 105 OF 2016

Case between Suvahiba vs Ummerkutty regarding partition of property

Court

COURT OF THE MUNSIFF OF TIRUR

Judge

Smt.NIMMI.K.K.

Order Date

2019-04-12

Duration

Judgement document from eCourt website

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Case Summary

Suvahiba filed a petition for a final decree for partition of property after a preliminary decree was issued. The respondent, Ummerkutty, was absent during the proceedings.

Judgment Outcome

Plaintiff Won

Interim Order

The court accepted the Advocate Commissioner's report and passed a final decree for partition, allotting 4.93 cents to the petitioner and 4.65 cents to the respondent. The petitioner is required to pay Rs.700/- to the respondent for equalization.

Judgment Favored

Plaintiff

Relief Granted

Final decree for partition

Case Type

Interlocutory Application

Final Judgment

Why Plaintiff Won:
The Advocate Commissioner effectively divided the property in accordance with the preliminary decree.

Judgment Evidence:

In the result, the petition allowed and a final decree for partition is passed as follows: 1. Property having an extent of 4.93 cents shown as 'EFDG' in Ext.C2 plan is allotted to petitioner and he is directed to pay an amount of Rs.700/- to the respondent. 2. Property having an extent of 4.65 cents shown as 'ABCD' and 'CEFH' in Ext.C2 plan is allotted to the respondent.

Parties Involved

Plaintiffs

Suvahiba (31 years years) Naduvalli House, Post. Chamravattom, Pallipram amsom, desom, Tirur Taluk

Defendants

Ummerkutty (Age not specified years) Pallipram amsom, desom, Triprangode Village, Tirur Taluk

Reliefs

Relief Type: Possession

Outcome: Granted

Description:

Final decree for partition allowing the petitioner possession of 4.93 cents of property.

Evidence:

Therefore, I hold a view that the Commissioner's report and plan can be accepted and a final decree for partition can be passed.

Relief Type: Recovery

Outcome: Granted

Description:

Petitioner directed to pay an amount of Rs.700/- to the respondent for equalization of the share.

Evidence:

the petitioner is directed to pay an amount of Rs.700/- to the respondent.

Documents & Evidence

Document Type: Commission Report

Submitted By: Court

Relevance:

Commissioner's report detailing the division of the property as per the preliminary decree.

Reference:

Ext.C1

Document Type: Commission Plan