Case Summary
The plaintiffs, Vilasini. P.K and others, are seeking a partition of property inherited from Korappan, while the defendants, Asokan and others, dispute the claim stating that the property is not partible. The court addressed the matter of shares among the plaintiffs and defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition of property into 20 equal shares with plaintiffs entitled to 4/20 shares each.
Case Type
Civil Suit
Final Judgment
No
The court passed a preliminary decree granting a partition of the property among the plaintiffs and supplemental defendants, specifying shares.
Why Plaintiff Won:
The uncontroverted oral evidence and documentary evidence supported the plaintiffs' claim for partition.
The uncontroverted oral evidence and documentary evidence supported the plaintiffs' claim for partition.
Losing Side's Weaknesses:
The uncontroverted oral evidence and documentary evidence supported the plaintiffs' claim for partition.
The uncontroverted oral evidence and documentary evidence supported the plaintiffs' claim for partition.
Supporting Evidence
The uncontroverted oral evidence and the documentary evidence marked on the side of plaintiffs establish the case mooted in the plaint.
Judgment Evidence:
In the result, Preliminary decree is passed as follows: 1Plaint B schedule property shall be divided into 20 equal shares and plaintiffs are entitled to 4/20 shares each.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vilasini. P.K
- Party Age
- 60
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Radha
- Party Age
- 58
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Rajamani T.P
- Party Age
- 53
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Sarala
- Party Age
- 51
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Asokan (Died)
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sulochana
- Party Age
- 68
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Aneesh
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ajeesh
- Party Age
- 39
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Anoop
- Party Age
- 37
- Relation
- S/o
Plaintiffs Documents
Certified copy of kanam assignment Deed No. 2202/1959, Copy of encumbrance certificate issued from registration department, Government of Kerala.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. S. Suresh Babu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Viji T.P.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Abhinand K.P.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The property shall be divided into 20 equal shares.
Evidence:
Preliminary decree is passed as follows: Plaint B schedule property shall be divided into 20 equal shares and plaintiffs are entitled to 4/20 shares each and the supplemental defendants are entitled to get 1/20 shares each.
Relief Type:
Costs
Outcome:
Granted
Description:
The cost of the suit shall come out of the estate.
Evidence:
The cost of the suit shall come out of the estate.
Relief Type:
Final decree application
Outcome:
Granted
Description:
Any of the parties to the suit is entitled to file application for passing a final decree.
Evidence:
Any of the parties to the suit is entitled to file application for passing a final decree.
Documents & Evidence
Document Type:
Kanam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of kanam assignment deed establishing ownership of the property.
Reference:
Ext.A1
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
Copy of encumbrance certificate verifying the status of the property.
Reference:
Ext.A2
Document Type:
Advocate Commissioner Report
Submitted By:
Court
Relevance:
Report submitted by the advocate commissioner relating to the case.
Reference:
Ext.C1
Document Type:
Surveyor plan
Submitted By:
Court
Relevance:
Surveyor plan used for determining property boundaries.
Reference:
Ext.C2
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Partition of property
Case Code
Case between Vilasini. P.K et al vs Asokan et al regarding partition.
Case Code Year
Case between Vilasini. P.K et al vs Asokan et al regarding partition.