Case Summary
Unnikrishnan.E.M, the plaintiff, is seeking a partition of property originally belonging to their late father, Kannan alias Kannankutty, against the defendants Padmanabhan.E.M, Sarojini.E.M, and Kandankutty.E.M who are also siblings. The plaintiff claims that the defendants have not agreed to partition the property despite repeated demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A preliminary decree for partition is granted.
Case Type
Civil Suit
Final Judgment
No
The court has passed a preliminary decree for partition of the property into equal shares among the plaintiff and defendants. Each party has been assigned their respective shares.
Why Plaintiff Won:
The case of the plaintiff is proved by the oral testimony and supporting documents.
The case of the plaintiff is proved by the oral testimony and supporting documents.
Losing Side's Weaknesses:
The case of the plaintiff is proved by the oral testimony and supporting documents.
The case of the plaintiff is proved by the oral testimony and supporting documents.
Supporting Evidence
The case of the plaintiff is proved by the oral testimony of the PW1 and exhibit A1 and A2 documents.
Judgment Evidence:
In the result, a preliminary decree for partition is passed as follows: The plaint schedule property shall be partitioned into 4 equal shares by metes and bounds.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Unnikrishnan.E.M
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Padmanabhan.E.M
- Party Age
- 63
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sarojini.E.M
- Party Age
- 53
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Kandankutty.E.M
- Party Age
- 56
- Relation
- S/o
Plaintiffs Documents
Certified copy of deed No. 1807/1975, Land Tax Receipt dated 04.07.2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Sindu. E.P
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
A preliminary decree for partition of the plaint schedule property.
Evidence:
The suit is liable to be decreed and I do so.
Documents & Evidence
Document Type:
Certified Copy of Deed
Submitted By:
Plaintiff
Relevance:
Exhibit A1 is the certified copy of the deed No 1807/1975 of SRO.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Exhibit A2 is the tax receipt dated 04.07.2024.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Unnikrishnan.E.M vs Padmanabhan.E.M et al regarding partition of property.
Case Code Year
Case between Unnikrishnan.E.M vs Padmanabhan.E.M et al regarding partition of property.