Case Summary
Edward.S is the plaintiff seeking a final decree of partition. The respondents are his brothers, and the case involves the division of property as per a preliminary decree.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Final decree of partition is granted to the plaintiff.
Case Type
Civil Suit
Final Judgment
No
The court passed a final decree of partition, allotting the plaintiff 5/8th share of the property. The court did not order costs.
Why Plaintiff Won:
The plaintiff was entitled to a larger share based on the preliminary decree.
The plaintiff was entitled to a larger share based on the preliminary decree.
Losing Side's Weaknesses:
The plaintiff was entitled to a larger share based on the preliminary decree.
The plaintiff was entitled to a larger share based on the preliminary decree.
Supporting Evidence
The petitioner is in need of his separate share, adjacent to his personal property near to the plaint schedule property.
Judgment Evidence:
The final decree is passed as follows: - (a) The plaintiff is allotted property shown in letters HIJOPQUH in C schedule property in partition deed having an extent of 1.52 Ares (3.750 cents) in Resurvey No.357/1 in Block No.10 of Mulavana Village in Kollam Taluk in Kollam District in Ext.C1(b) plan. (b) Ext. C1(b) plan shall form part of the decree. (c) There is no order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Edward.S
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mentaz.S
- Party Age
- 73
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vincent.S
- Party Age
- 71
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Antony.S
- Party Age
- 63
- Relation
- S/o
Plaintiffs Documents
Final decree petition filed under Sec.33 r/w Order XX Rule 18 of CPC.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- R.Babu Sanker
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shinu.B
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Final decree for separation of 5/8th share over the plaint schedule properties.
Evidence:
Hence the petition filed for separation of 5/8th share over the plaint schedule properties.
Documents & Evidence
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
The court used the report prepared by the Commissioner to effect the partition of the plaint schedule property.
Reference:
Ext.C1
Document Type:
Mahazar
Submitted By:
Court
Relevance:
The court referenced the mahazar prepared to document the measurements of the property.
Reference:
Ext.C1(a)
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
The court included the survey plan as part of the decree for the final partition.
Reference:
Ext.C1(b)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Edward.S vs Mentaz.S, Vincent.S, Antony.S regarding partition of property.
Case Code Year
Case between Edward.S vs Mentaz.S, Vincent.S, Antony.S regarding partition of property.