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O.S. No.1152/2022

Case between Thankamani vs Padmanaban et al regarding partition of property

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K.Dinamany.
Order Date
2025-01-31
Duration
approximately-2 years 11 months

Judgement document from eCourt website

Open judgment PDF (eCourt)
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Case Summary

The case involves a suit for partition of property between Thankamani, the plaintiff, and her brother Padmanaban, the first defendant. The plaintiff claims entitlement to half of the property based on her father's tenancy rights, while the defendant contests these claims.

Judgment Outcome

Plaintiff Won
Interim Order
The suit is decreed, granting the plaintiff a preliminary decree of partition for half the property. Both parties are deemed co-owners.
Judgment Favored
Plaintiff
Relief Granted
Partition of property by metes and bounds into 2 equal shares.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaint schedule property is partible, and the plaintiff is legally entitled to half of the property.

Judgment Evidence:

In the result, the suit is decreed and a preliminary decree of partition is passed as given under: 1)Plaint schedule property is ordered to be partitioned by metes and bounds into 2 equal shares.

Parties Involved

Plaintiffs

Thankamani (64 years years) Edavanakkad Kara, Edavanakkad Village, Edavanakkad P O, Kochi Taluk, Pin- 682502

Defendants

Padmanaban (75 years years) Koynattuparambil, Kadamakkudy Kara, Kadamakkudy Villge, Kadamakkudy P O, Paravur Taluk, Pin- 682027 Prabakaran (70 years years) Marathri House, Ayyappankavu, Ernakulam North, Ayyappankavu P O, Pin- 682018

Reliefs

Relief Type: Possession
Outcome: Granted
Description:
Plaintiff is entitled for 1/2 share in plaint schedule property.
Evidence:
Accordingly, plaintiff is entitled for 1/2 share in plaint schedule property.
Relief Type: Possession
Outcome: Granted
Description:
Defendant is entitled for 1/2 share in plaint schedule property.
Evidence:
Defendant is entitled for 1/2 share in plaint schedule property.
Relief Type: Other
Outcome: Granted
Description:
Plaint schedule property is ordered to be partitioned by metes and bounds into 2 equal shares.
Evidence:
Plaint schedule property is ordered to be partitioned by metes and bounds into 2 equal shares.
Relief Type: Other
Outcome: Not Decided
Description:
The question of equities and reservations shall be relegated to the final decree proceedings.
Evidence:
The question of equities and reservations shall be relegated to the final decree proceedings.

Documents & Evidence

Document Type: Kudikidappu Certificate
Submitted By: Plaintiff
Relevance:
This document was used to establish the tenancy rights and ownership related to the property in contention.
Reference:
Ext.A1

Quick Facts

Location
Case Filed
Mon, 01/31/2022 - 12:00
Outcome Confidence
85%

Involved Entities

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