Case Summary
This case involves a petition for partition of property among the plaintiffs and defendants. The court is addressing the application for a final decree based on a preliminary decree that granted each party a share in the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition of property in four equal shares
Case Type
Civil Suit
Final Judgment
No
The court has granted a partition of the property among the parties based on the preliminary decree. Each party is entitled to their respective shares as stated.
Why Plaintiff Won:
The plaintiffs are entitled to shares as per the preliminary decree passed on 27.08.2024.
The plaintiffs are entitled to shares as per the preliminary decree passed on 27.08.2024.
Losing Side's Weaknesses:
The plaintiffs are entitled to shares as per the preliminary decree passed on 27.08.2024.
The plaintiffs are entitled to shares as per the preliminary decree passed on 27.08.2024.
Supporting Evidence
The plaint schedule property is divided into 4 equal parts and the plaintiffs are entitled to get ¼ share each over the plaint schedule property.
Judgment Evidence:
Thus as per the preliminary decree and judgment dated 27.08.2024 the parties are entitled to get their share over the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- AJITHA KUMARI
- Party Age
- 59
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- KATTADICHA PARAMBATH MOHANAN
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- ANANDAVALLI
- Party Age
- 57
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- KATTADICHA PARAMBATH ANILKUMAR
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Preliminary decree and judgment dated 27.08.2024
Defendants Documents
Commission report and plan filed by Adv. Commissioner
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Krishnakumar. K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P. P. Rajeev Lakshman
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Abhilash. K. M
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K. K. Vasudevan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The parties are entitled to partition and separate possession of their respective shares in the property.
Evidence:
As per the discussions in the commission report and preliminary decree and judgment dated 27.08.2024, a final decree is passed as follows: The plaint schedule property is divided into 4 equal parts.
Relief Type:
Adjustment of Equities
Outcome:
Granted
Description:
Monetary adjustments are required between parties for their respective shares.
Evidence:
Towards equity of shares the 2nd petitioner has to give an amount of Rs.6,075/- to the first petitioner and the 2nd respondent has to give an amount of Rs.450/- to the 1st petitioner and the 2nd respondent has to give an amount of Rs.4025/- to the 1st respondent.
Relief Type:
Costs
Outcome:
Granted
Description:
Parties are directed to bear their respective costs.
Evidence:
Parties are directed to suffer their costs.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The report details the measurements and findings of the Advocate Commissioner in relation to the partition of the plaint schedule property.
Reference:
Ext.C1
Document Type:
Surveyor plan
Submitted By:
Court
Relevance:
The plan illustrates the division of the property into four equal parts as per the final decree.
Reference:
Ext.C2
Document Type:
Valuation Report
Submitted By:
Court
Relevance:
The valuation reports provide details regarding the value of the different plots involved in the partition.
Reference:
Ext.C3 series
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
Case between AJITHA KUMARI vs KATTADICHA PARAMBATH MOHANAN et al regarding partition of property
Case Code Year
Case between AJITHA KUMARI vs KATTADICHA PARAMBATH MOHANAN et al regarding partition of property