Case Summary
The petitioner filed an application seeking the appointment of an Advocate Commissioner for division of property as per the preliminary decree for partition dated 28.02.2009.
Judgment Outcome
Judgment Favored
Petitioner
Relief Granted
Appointment of an Advocate Commissioner for division of property
Case Type
Civil Suit - Partition
Final Judgment
No
The court allowed the appointment of an Advocate Commissioner for the division of property as per the preliminary decree for partition.
Key Reasoning:
The court found that there was no concrete evidence to declare the preliminary decree null and proceeded with the final decree application.
The court found that there was no concrete evidence to declare the preliminary decree null and proceeded with the final decree application.
Losing Side's Weaknesses:
The court found that there was no concrete evidence to declare the preliminary decree null and proceeded with the final decree application.
The court found that there was no concrete evidence to declare the preliminary decree null and proceeded with the final decree application.
Supporting Evidence
It is true that this court has no jurisdiction to adjudicate the question as to whether a property is a Wakf property or not. The preliminary decree was passed in the year 2009.
Judgment Evidence:
Petition filed by the petitioner under Order 26 Rule 13 of the Code of Civil Procedure for deputing an Advocate Commissioner for effecting division of the property in tune with the preliminary decree for partition dated 28.02.2009.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Theyyambattil Muhammed
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Chatheri Hassan Haji's Children
Plaintiffs Documents
Not mentioned
Defendants Documents
Not mentioned
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M. Vijayakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K. Ramachandran
- Appearance Type
- Main Counsel
- Party Role
- Respondent
- Advocate Name
- Sri. E,M. Purushothaman
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Division of Property
Outcome:
Granted
Description:
Appointment of an Advocate Commissioner for division of property
Evidence:
Petition filed by the petitioner under Order 26 Rule 13 of the Code of Civil Procedure for deputing an Advocate Commissioner for effecting division of the property in tune with the preliminary decree for partition dated 28.02.2009.
Documents & Evidence
Case Classification
Case Type
Civil Suit - Partition
Category
Family Property and Partition
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Theyyambattil Muhammed vs Chatheri Hassan Haji's Children et al regarding partition of property
Case Code Year
Case between Theyyambattil Muhammed vs Chatheri Hassan Haji's Children et al regarding partition of property