Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
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
Case Closed
Fri, 04/12/2019 - 12:00

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

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
No
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.
Why Plaintiff Won:
The Advocate Commissioner effectively divided the property in accordance with the preliminary decree.
Losing Side's Weaknesses:
Not available
Supporting Evidence
I hold a view that the Advocate Commissioner has effected division of the property in tune with preliminary decree. Therefore, I hold a view that the Commissioner's report and plan can be accepted and a final decree for partition can be passed.

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

Parties

Party Role
Plaintiff
Party Name
Suvahiba
Party Age
31
Relation
D/o.
Party Role
Defendant
Party Name
Ummerkutty
Relation
S/o.
Plaintiffs Documents
Commission report and plan dated 16-02-2019.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. K. Meharoof Shihab
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri. I.P. Shajith
Appearance Type
Assisting Counsel

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
Submitted By: Court
Relevance:
Commissioner's plan illustrating the division of the property as mandated by the preliminary decree.
Reference:
Ext.C2

Case Classification

Case Type
Interlocutory Application
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Suvahiba vs Ummerkutty regarding partition of property
Case Code Year
Case between Suvahiba vs Ummerkutty regarding partition of property

Quick Facts

Location
Tirur Taluk
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Fri, 01/01/2016 - 12:00
Case Closed
Fri, 04/12/2019 - 12:00
From
Mon, 04/01/2019 - 12:00
To
Tue, 04/30/2019 - 12:00
Outcome Confidence
90%

Involved Entities

Similar Cases

Case between Kondarath Cheriya Muhammed's children vs Kondarath Abdul Rasheed regarding Interlocutory Application
COURT OF THE MUNSIFF OF TIRUR
Interlocutory Application Defendant Won
Case between Kathiya Umma vs Ahammedukutty regarding declaration of document No. 707/1998 as null and void.
COURT OF THE MUNSIFF OF TIRUR
Interlocutory Application Plaintiff Won
Case between Subair et al vs Noorjahan et al regarding Interlocutory Application
COURT OF THE MUNSIFF OF TIRUR
Interlocutory Application Defendant Won
Case between Jayachandran vs Mohan et al regarding partition of property
IN THE COURT OF THE MUNSIFF OF TIRUR
Interlocutory Application Plaintiff Won
Case between P.K. Abdul Rasheed vs Khadeeja Hajjumma et al regarding condonation of delay to restore suit
COURT OF THE MUNSIFF OF TIRUR
Interlocutory Application Defendant Won