Case Summary
The plaintiffs, Vazhayil Poyil Mariyam and the deceased Puthalathankandy Moidu Haji, are seeking partition of a property against the defendant Peettollathil Shamsudheen. A preliminary decree was passed on 29.07.2023, and this order relates to a final decree application for the partition.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court issued a final decree for partition, stating that the property is to be divided into two equal parts with specific allocations for the plaintiffs and defendant. The court directed that both parties will suffer their own costs.
Why Plaintiff Won:
The petitioners were entitled to partition and separate possession based on the preliminary decree.
The petitioners were entitled to partition and separate possession based on the preliminary decree.
Losing Side's Weaknesses:
The petitioners were entitled to partition and separate possession based on the preliminary decree.
The petitioners were entitled to partition and separate possession based on the preliminary decree.
Supporting Evidence
As per the discussions in the commission report and preliminary decree and judgment dated 29.07.2023, a final decree is passed as follows: the plaint schedule property is divided into 2 equal parts.
Judgment Evidence:
Thus as per the preliminary decree for partition in the property, a final decree is passed as follows: 1) The plaint schedule property is divided into 2 equal parts.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- VAZHAYIL POYIL MARIYAM
- Party Age
- 66
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- PUTHALATHANKANDY MOIDU HAJI (DIED)
- Party Role
- Defendant
- Party Name
- PEETTOLLATHIL SHAMSUDHEEN
- Party Age
- 43
- Relation
- S/o
Plaintiffs Documents
Commission report, Share lists, Valuation details, Plan.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C. R. Biju
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. M. Ragesh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Partition and separate possession of the plaint schedule property.
Evidence:
The plaint schedule property is divided into 2 equal parts.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Formed part of the final decree regarding partition.
Reference:
Ext.C1
Document Type:
Surveyor plan
Submitted By:
Court
Relevance:
Showed the plots divided for the final decree.
Reference:
Ext.C2
Document Type:
Valuation Report
Submitted By:
Court
Relevance:
Provided valuation details of Plot A.
Reference:
Ext.C2(a)
Document Type:
Valuation Report
Submitted By:
Court
Relevance:
Provided valuation details of Plot B.
Reference:
Ext.C2(b)
Document Type:
Share List
Submitted By:
Court
Relevance:
Detailed distribution of shares for the final decree.
Reference:
Ext.C2(c)
Document Type:
Share List
Submitted By:
Court
Relevance:
Another distribution of shares for the final decree.
Reference:
Ext.C2(d)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
Case between VAZHAYIL POYIL MARIYAM vs PEETTOLLATHIL SHAMSUDHEEN regarding partition of property.
Case Code Year
Case between VAZHAYIL POYIL MARIYAM vs PEETTOLLATHIL SHAMSUDHEEN regarding partition of property.