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
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.
The Advocate Commissioner effectively divided the property in accordance with the preliminary decree.
Losing Side's Weaknesses:
Not available
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