Case between Afsal.A.T vs Jameela et al regarding partition

Case Summary

The plaintiff, Afsal.A.T, filed a suit for partition of property inherited from his late father, Ashraf K.T., against the defendants Jameela and Faseela. The suit arose after the plaintiff's attempts to partition the property were rejected by the defendants.

Judgment Outcome

Plaintiff Won

Interim Order

The court decreed a preliminary decree for partition, granting specific shares of the property to each party. The plaintiff is entitled to 14/48 shares, the first defendant to 27/48 shares, and the second defendant to 7/48 shares, with costs to be borne out of the estate.

Judgment Favored

Plaintiff

Relief Granted

Preliminary decree for partition of the property into 48 equal shares.

Case Type

Civil Suit

Final Judgment

No

The court decreed a preliminary decree for partition, granting specific shares of the property to each party. The plaintiff is entitled to 14/48 shares, the first defendant to 27/48 shares, and the second defendant to 7/48 shares, with costs to be borne out of the estate.

Why Plaintiff Won:
The plaintiff proved his case through unchallenged testimony and supporting documents.

Losing Side's Weaknesses:
The plaintiff proved his case through unchallenged testimony and supporting documents.

Supporting Evidence

The case of the plaintiff is proved by the unchallenged testimony of the PW1 coupled with exhibits A1 and A2 documents.

Judgment Evidence:

In the result, the suit is decreed and a preliminary decree for partition is passed as follows: The plaint B Schedule property shall be partitioned into 48 equal shares by metes and bounds.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Afsal.A.T
Party Age: 31
Relation: S/o

Party Role: Defendant
Party Name: Jameela
Party Age: 51
Relation: W/o

Party Role: Defendant
Party Name: Faseela
Party Age: 25
Relation: D/o

Plaintiffs Documents

Deed No. 301/2001 of SRO Chevayoor, Death certificate of Ashraf dated 19.01.2021.

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Sri.A.V.Anwar
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Sri.Sanooj Anand
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Silpa Eledath
Appearance Type: Assisting Counsel

Reliefs

Relief Type: Possession

Outcome: Granted

Description:

A preliminary decree for partition is passed.

Evidence:

The suit is decreed and a preliminary decree for partition is passed as follows:-

Documents & Evidence

Document Type: Title deed

Submitted By: Plaintiff

Relevance:

Exhibit A1 is the deed No 301/2001 of SRO Chevayoor, relevant for the partition case.

Reference:

Ext.A1

Document Type: Death Certificate

Submitted By: Plaintiff

Relevance:

Exhibit A2 is the death certificate of Ashraf, providing proof of death relevant to the case.