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Original Suit No. 276 OF 2012

Case between Komban Thodiyil Viswanathan vs Komban Thodiyil Narayani Amma's children et al regarding property partition

Court
Court of the Munsiff of Tirur
Judge
SMT. VINCY.T.V.
Order Date
2017-08-21
Duration
4 years 6 months 4 days
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Case Summary

The plaintiff filed a suit seeking separate allotment of their share in the property through a preliminary decree. An interlocutory application was made for the appointment of an advocate commissioner to effect the final decree for property division by mets and bounds.

Judgment Outcome

Partial Relief
Interim Order
The court accepted the commissioner's report and plan for final decree granting separate allotment of shares to the respective parties based on the expert valuation of the properties.
Judgment Favored
Petitioner
Relief Granted
Partition of property and separate allotment of shares
Case Type
Civil Suit - Partition
Final Judgment
No
Key Reasoning:
The petitioner was found entitled to one share out of eight shares for the properties in question based on the preliminary decree.

Judgment Evidence:

No objection was filed by the petitioner or respondent to the commissioner report. On going through the commissioner report and hearing learned counsel for the petitioner and respondent I hold a view that the Advocate Commissioner has effected division of the property in an equitable manner. Therefore I hold a view that the commissioner's report and plan can be accepted for final decree for the partition can be passed. The point is found in favour of the petitioner.

Parties Involved

Plaintiffs

Komban Thodiyil Viswanathan (52 years) S/o. Narayani Amma, Athavanad amsom, Mattummal desom, Tirur Taluk

Defendants

K.T.Sarada (71 years) K.T.Janaki (67 years) K.T.Gopalakrishnan (65 years) K.T.Subhadra (63 years) K.T.Bharathi (61 years) W/o. Somasundaran Nair K.T.Vasanthakumari (59 years) W/o. Raghavan Nair K.T.Sivadasan (57 years)

Reliefs

Relief Type: Partition
Outcome: Granted
Description:
Separate allotment of shares to each party based on the expert valuation of properties
Evidence:
No objection was filed by the petitioner or respondent to the commissioner report. On going through the commissioner report and hearing learned counsel for the petitioner and respondent I hold a view that the Advocate Commissioner has effected division of the property in an equitable manner.

Documents & Evidence

Document Type: Commission Report
Submitted By: Unknown
Relevance:
Submitted by Sri.K.P.Asok kumar, Advocate Commissioner, Tirur
Reference:
Ext.C1
Document Type: Commission Plan
Submitted By: Unknown
Relevance:
Submitted by Sri.K.P.Asok kumar, Advocate Commissioner, Tirur
Reference:
Ext.C2
Document Type: Commission Plan
Submitted By: Unknown
Relevance:
Submitted by Sri.K.P.Asok kumar, Advocate Commissioner, Tirur
Reference:
Ext.C3

Quick Facts

Location
Tirur
Case Filed
Tue, 08/21/2012 - 12:00
Outcome Confidence
100%

Involved Entities

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