Case Summary
The case involves Usha V.P., the plaintiff, who is seeking a partition of property acquired by her deceased husband Aneesh. The defendant is Ramadevi, who is the mother of Aneesh, and the case is about the rightful share in the property after Aneesh's death.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A decree for partition and permanent prohibitory injunction.
Case Type
Civil Suit
Final Judgment
No
The court ordered the partition of the property, granting the plaintiff and defendant each a half share. A decree for a permanent prohibitory injunction was also issued against the defendant.
Why Plaintiff Won:
The plaintiff provided sufficient evidence that she is the legally wedded wife of Aneesh, and both parties are entitled to the property.
The plaintiff provided sufficient evidence that she is the legally wedded wife of Aneesh, and both parties are entitled to the property.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence that she is the legally wedded wife of Aneesh, and both parties are entitled to the property.
The plaintiff provided sufficient evidence that she is the legally wedded wife of Aneesh, and both parties are entitled to the property.
Supporting Evidence
The unrebutted evidence regarding the challenge defendant raised on the legality of plaintiff as the wife of Aneesh is sufficient to establish the apprehension of plaintiff that the plaint schedule property may be alienated otherwise encumbered or strangers might be inducted.
Judgment Evidence:
In the result, a decree is passed as follows; 1. The plaint schedule property shall be divided into 2 equal parts, of which, plaintiff is allotted 1/2 share. Defendant is entitled for the remaining half share of the property. 2. A decree of permanent prohibitory injunction is granted against defendant restraining her from creating any documents pertaining to plaint schedule property, alienating or encumbering the property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Usha V.P.
- Party Age
- 51
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Savitha V.P.
- Party Age
- 41
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Ramadevi
- Party Age
- 69
- Relation
- W/o
Plaintiffs Documents
Original Power of Attorney executed by the plaintiff in favour of Savitha V.P., Certified copy of Sale Deed No. 480/2014, Death Certificate of husband of plaintiff, Certified copy of Judgment in O.P. 182/22 of the Family court Pala, Certified copy of Decree in O.P. 182/2022 of the family court Pala.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. Alex J. Edackattu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv. Aloysius John Madathinakam
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A decree of permanent prohibitory injunction is granted against defendant restraining her from creating any documents pertaining to plaint schedule property.
Evidence:
A decree of permanent prohibitory injunction is granted against defendant restraining her from creating any documents pertaining to plaint schedule property, alienating or encumbering the property, inducting strangers and committing any waste therein.
Relief Type:
Possession
Outcome:
Granted
Description:
The plaint schedule property shall be divided into 2 equal parts, with plaintiff allotted 1/2 share.
Evidence:
The plaint schedule property shall be divided into 2 equal parts, of which, plaintiff is allotted 1/2 share.
Documents & Evidence
Document Type:
Original power of attorney
Submitted By:
Plaintiff
Relevance:
Executed by the plaintiff in favour of Savitha V.P., who filed the suit before the court.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No.480/2014 shows that plaintiff’s husband, Aneesh was in title and possession of plaint schedule property.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Original death certificate of husband of plaintiff.
Reference:
Ext.A3
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
Certified copy of judgment in O.P. 182/2022 of the Family Court Pala.
Reference:
Ext.A4
Document Type:
Decree
Submitted By:
Plaintiff
Relevance:
Certified copy of decree in O.P. 182/2022 of the Family Court Pala.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Partition
Case Code
O.S
Case Code Year
2024