Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
OS No.09/2017

Case between Thaivalappil Nazer vs Pathumma regarding final decree and partition of property

Court
COURT OF THE PRINCIPAL MUNSIFF - I, KOZHIKODE
Judge
Smt.Meera John K
Order Date
2025-07-07
Duration
approximately-7 years 6 months
Case Closed
Mon, 07/07/2025 - 12:00

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

Thaivalappil Nazer, the petitioner, filed for a final decree to partition property after a preliminary decree was made in his favor. Pathumma, the respondent, raised objections citing an appeal against the preliminary decree.

Judgment Outcome

Plaintiff Won
Interim Order
The court passed a final decree to partition the property as per the Advocate Commissioner's report. Thaivalappil Nazer was required to pay Rs. 1,87,817 to Pathumma for equalization of shares.
Judgment Favored
Plaintiff
Relief Granted
Final decree for partitioning property and payment for equalization of shares
Case Type
Civil Suit
Final Judgment
No
The court passed a final decree to partition the property as per the Advocate Commissioner's report. Thaivalappil Nazer was required to pay Rs. 1,87,817 to Pathumma for equalization of shares.
Why Plaintiff Won:
The report from the Advocate Commissioner was accepted as equitable and both parties did not raise objections.
Losing Side's Weaknesses:
The report from the Advocate Commissioner was accepted as equitable and both parties did not raise objections.
Supporting Evidence
The Advocate Commissioner has divided the plaint schedule property in a most equitable manner and a final decree can be passed in terms of the said report and plans.

Judgment Evidence:

In the result, a final decree is passed as follows: 1.That plot A shown as ABCDEFGH in green shade in Ext.C1(a) plan is allotted to the share of the respondent/ defendant. 2.That Plot B along with the residential house shown as DEFGHI in pink shade is allotted to the share of the plaintiff/final decree petitioner.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Thaivalappil Nazer
Party Age
53
Relation
S/o
Party Role
Defendant
Party Name
Pathumma
Party Age
54
Relation
D/o
Plaintiffs Documents
Commission report filed by Adv.MM Sreedevi, Commission plan filed by Adv.MM Sreedevi, Survey plan prepared by NJ Padmarajan, Surveyor
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
AJ Emmannual
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri.Dilkush VK
Appearance Type
Main Counsel
Party Role
Court
Advocate Name
Adv. Sreedevi.M.M
Appearance Type
Main Counsel

Reliefs

Relief Type: Possession
Outcome: Granted
Description:
Final decree to allot plots A and B to the respective parties.
Evidence:
In the result, a final decree is passed as follows: 1.That plot A shown as ABCDEFGH in green shade in Ext.C1(a) plan is allotted to the share of the respondent/ defendant. 2.That Plot B along with the residential house shown as DEFGHI in pink shade is allotted to the share of the plaintiff/final decree petitioner.
Relief Type: Recovery
Outcome: Granted
Description:
Order for the final decree petitioner to pay an equalization amount to the respondent.
Evidence:
For equalization of share amount, the final decree petitioner shall pay Rs 1,87,817/- to the respondent and the property allotted to the petitioner shall be a charge for the said amount.

Documents & Evidence

Document Type: Commission Report
Submitted By: Court
Relevance:
Filed by Adv.MM Sreedevi as part of the proceedings.
Reference:
Ext.C1
Document Type: Commission Plan
Submitted By: Court
Relevance:
Filed by Adv.MM Sreedevi to illustrate the property division.
Reference:
Ext.C1(a)
Document Type: Survey Plan
Submitted By: Court
Relevance:
Prepared by NJ Padmarajan, Surveyor for the property division.
Reference:
Ext.C1(b)

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
Case between Thaivalappil Nazer vs Pathumma regarding final decree and partition of property
Case Code Year
Case between Thaivalappil Nazer vs Pathumma regarding final decree and partition of property

Quick Facts

Location
Kozhikode
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Case Filed
Sun, 01/01/2017 - 12:00
Case Closed
Mon, 07/07/2025 - 12:00
From
Tue, 07/01/2025 - 12:00
To
Tue, 09/30/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Similar Cases

Case between Canara Bank vs M/S U.B. Hardwares regarding suit dismissal
COURT OF THE ADDITIONAL MUNSIFF-I, KOZHIKODE
Civil Suit Defendant Won
Case between Sujith K.M. vs P. Chandramathi @ Chandrika et al regarding permanent prohibitory injunction
ADDITIONAL MUNSIFF-I
Civil Suit Defendant Won
Case between Panakkal Mammedkoya vs Fabir et al regarding partition
COURT OF THE PRINCIPAL MUNSIFF – I, KOZHIKODE
Civil Suit Plaintiff Won
Case between Kalarikandy Subash Babu (died), Durga Devi, Bindya, Sandya vs Kasthuri Bai, Ramani Bai regarding partition of property.
COURT OF THE PRINCIPAL MUNSIFF - I, KOZHIKODE
Civil Suit Plaintiff Won
Case between Moideen.V.P vs Pathumma et al regarding setting aside a final decree
COURT OF THE PRINCIPAL MUNSIFF - I
Civil Suit Defendant Won