Case Summary
Thyagarajan, the plaintiff, filed for partition and separate possession of property after a preliminary decree was issued. The defendants are Destimona and Dennymol, who were allotted shares according to the decree.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Final decree for partition passed.
Case Type
Partition Suit
Final Judgment
No
Why Plaintiff Won:
The advocate commissioner effectively divided the property in an equitable manner as per the preliminary decree.
The advocate commissioner effectively divided the property in an equitable manner as per the preliminary decree.
Judgment Evidence:
In the result, the petition is allowed and the final decree is passed as follows: Plot A in Ext.C1(a) having an extent of 2.17 ares in Re survey No. 2/2 of Maradu village along with house situated therein is allotted in favour of the plaintiff.
Parties Involved
Plaintiffs
Thyagarajan (75 years years)
Mukkath House, Nettoor, Maradu- 682040, Ernakulam
Defendants
Destimona (48 years years)
Kavunkal House, Edavanakkadu, Vachakall, Elamkunnapuzha- 682503
Dennymol (46 years years)
Parakkal House, Udyogamandal- 683501, Eloor ferry road, Eloor
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Final decree for partition and separate possession of shares.
Evidence:
Therefore, this court holds a view that the commissioner's report and plan can be accepted and final decree for partition can be passed.
Documents & Evidence
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
Filed to assist in the division of the property for partition.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Prepared by the surveyor and filed along with the commission report.
Reference:
Ext.C1(a)