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Original Suit No. 267 OF 2012

Case between Vazhamthodi Saidalavi vs Ullattil Saidalavi et al regarding partition

Court
COURT OF THE MUNSIFF OF TIRUR
Judge
Sri. JANKISH NARAYANAN
Order Date
2019-07-19
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The petitioner, Vazhamthodi Saidalavi, filed for partition to claim a share in the plaint B schedule properties. The court appointed an Advocate Commissioner, who inspected the property and submitted a report for the division of property.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petition for partition, ordering the division of properties equally between the plaintiff and the defendants. The Advocate Commissioner's report was accepted as valid.
Judgment Favored
Plaintiff
Relief Granted
Final decree for partition is passed.
Case Type
Interlocutory Application
Final Judgment
No
The court allowed the petition for partition, ordering the division of properties equally between the plaintiff and the defendants. The Advocate Commissioner's report was accepted as valid.
Why Plaintiff Won:
The Advocate Commissioner effectively divided the property in accordance with the preliminary decree.
Losing Side's Weaknesses:
Not available
Supporting Evidence
I hold a view that the Advocate Commissioner has effected division of property in tune with the preliminary decree.

Judgment Evidence:

In the result, the petition is allowed and final decree for partition is passed as follows: i. The plaint B schedule properties shall be divided into two equal shares by metes and bounds.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Vazhamthodi Saidalavi
Party Age
57
Relation
S/o
Party Role
Defendant
Party Name
Ullattil Saidalavi
Party Age
49
Relation
S/o
Party Role
Defendant
Party Name
Pathummakutty
Party Age
66
Party Role
Defendant
Party Name
Moidutty
Party Age
63
Party Role
Defendant
Party Name
Pathutty
Party Age
56
Party Role
Defendant
Party Name
Pathummakutty
Party Age
76
Plaintiffs Documents
Preliminary decree for partition dated 30.06.2015, Commissioner's report dated 19.09.2018.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
E.C.Suresh
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri.V.Chandrasekharan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri.K.Vipin
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri.Mehroof Shihab
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri.Sameer Babu.K.
Appearance Type
Main Counsel

Reliefs

Relief Type: Possession
Outcome: Granted
Description:
Final decree for partition granted as per the properties mentioned.
Evidence:
The point is found in favour of the petitioners.

Documents & Evidence

Document Type: Commissioner Report
Submitted By: Court
Relevance:
Filed by the Advocate Commissioner after inspecting the property to assist in the division.
Reference:
Ext.C1
Document Type: Commission Plans
Submitted By: Court
Relevance:
Filed by the Advocate Commissioner to show the proposed division of property.
Reference:
Ext.C2

Case Classification

Case Type
Interlocutory Application
Category
Property and Possession Disputes
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Vazhamthodi Saidalavi vs Ullattil Saidalavi et al regarding partition
Case Code Year
Case between Vazhamthodi Saidalavi vs Ullattil Saidalavi et al regarding partition

Quick Facts

Location
Tirur Taluk
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Case Closed
From
Mon, 07/01/2019 - 12:00
To
Wed, 07/31/2019 - 12:00
Outcome Confidence
90%

Involved Entities

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