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O.S No.253/2023

Case between Vijayamma et al vs Kanakan et al regarding partition and permanent prohibitory injunction.

Court
THE COURT OF THE MUNSIFF, VAIKOM
Judge
Kum. Abhinimol Rajendran
Order Date
2025-06-09
Duration
approximately-1 year 19 days
Case Closed
Mon, 06/09/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, Vijayamma, Mani, Ushakumari, and Seenamma, are seeking a partition of the property inherited from their deceased parents against the defendants, Kanakan, Somarajan, Satheesan, and Santhosh. The suit is based on claims of joint possession and co-ownership of the property, which the defendants allegedly failed to partition despite multiple demands.

Judgment Outcome

Partial Relief
Interim Order
The suit is partially decreed, granting the plaintiffs a preliminary decree for partition of the properties into eight equal shares, with both parties entitled to 4/8 share each.
Judgment Favored
Partial
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit is partially decreed, granting the plaintiffs a preliminary decree for partition of the properties into eight equal shares, with both parties entitled to 4/8 share each.
Key Reasoning:
The plaintiffs provided unchallenged evidence proving their entitlement to a decree of partition.
Losing Side's Weaknesses:
The plaintiffs provided unchallenged evidence proving their entitlement to a decree of partition.
Supporting Evidence
From the unchallenged evidence, it can be seen that plaintiffs and defendants are entitled to get a decree of partition as prayed for.

Judgment Evidence:

In the result, the suit is decreed in part and a preliminary decree for partition is passed as follows:- The plaint schedule properties are ordered to be partitioned by metes and bounds in to eight equal shares. The plaintiffs are entitled to get 4/8 share in the plaint schedule properties. The defendants are entitled to get 4/8 share in the plaint schedule properties.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Vijayamma
Party Age
64
Relation
D/o
Party Role
Plaintiff
Party Name
Mani
Party Age
62
Relation
D/o
Party Role
Plaintiff
Party Name
Ushakumari
Party Age
50
Relation
D/o
Party Role
Plaintiff
Party Name
Seenamma
Party Age
46
Relation
W/o
Party Role
Defendant
Party Name
Kanakan
Party Age
68
Relation
S/o
Party Role
Defendant
Party Name
Somarajan
Party Age
60
Relation
S/o
Party Role
Defendant
Party Name
Satheesan
Party Age
56
Relation
S/o
Party Role
Defendant
Party Name
Santhosh
Party Age
50
Relation
S/o
Plaintiffs Documents
Certified Copy of Sale deed No.1943/1972, Certified Copy of Sale deed No.226/1976, Certified Copy of Sale deed No.2216/1979
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
P.K.Suresh Babu
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Refused
Description:
Plaintiffs sought a decree for permanent prohibitory injunction against the defendants.
Evidence:
plaintiffs are not entitled to get a decree for permanent prohibitory injunction as prayed for.
Relief Type: Partition
Outcome: Partly Granted
Description:
Plaintiffs sought partition of the plaint schedule properties.
Evidence:
the suit is decreed in part and a preliminary decree for partition is passed as follows: the plaint schedule properties are ordered to be partitioned by metes and bounds into eight equal shares.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Certified copy of sale deed No.1943/1972 proving ownership of the property.
Reference:
Ext.A1
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Certified copy of sale deed No.226/1976 proving ownership of the property.
Reference:
Ext.A2
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Certified copy of sale deed No.2216/1979 proving ownership of the property.
Reference:
Ext.A3

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Case Code
Case between Vijayamma et al vs Kanakan et al regarding partition and permanent prohibitory injunction.
Case Code Year
Case between Vijayamma et al vs Kanakan et al regarding partition and permanent prohibitory injunction.

Quick Facts

Location
Vaikom
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Case Filed
Mon, 10/02/2023 - 12:00
Case Closed
Mon, 06/09/2025 - 12:00
From
Thu, 05/01/2025 - 12:00
To
Mon, 06/30/2025 - 12:00
Outcome Confidence
75%

Involved Entities

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