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
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.
The Advocate Commissioner effectively divided the property in accordance with the preliminary decree.
Losing Side's Weaknesses:
Not available
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