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Original Suit No. 10 of 2015

Case between Fathima et al vs Sainul Abid et al regarding partition

Court
THE COURT OF THE MUNSIFF OF TIRUR
Judge
Sri. Jankish Narayanan
Order Date
2019-08-29
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The petitioners consist of Fathima and Azeez's children who filed for a final decree of partition concerning the B schedule property owned by Kalppurath Azeez. The respondents are Kalppurath Azeez's children, who are also involved in the partition dispute.

Judgment Outcome

Plaintiff Won
Interim Order
The petitioners' prayer for a final decree of partition was allowed, and the properties were ordered to be divided into shares according to the Advocate Commissioner's report.
Judgment Favored
Plaintiff
Relief Granted
Final decree for partition passed, properties ordered to be divided into equal shares.
Case Type
Civil Suit
Final Judgment
No
The petitioners' prayer for a final decree of partition was allowed, and the properties were ordered to be divided into shares according to the Advocate Commissioner's report.
Why Plaintiff Won:
The Advocate Commissioner effectively divided the property in accordance with the preliminary decree.
Losing Side's Weaknesses:
Not available
Supporting Evidence
Since Advocate Commissioner effected division of the property in an equitable manner in tune with the preliminary decree, I hold a view that Ext.C1 report and C2 plan can be accepted and final decree for partition can be passed.

Judgment Evidence:

In the result, the petition is allowed and final decree for partition is passed as follows: i. The plaint B schedule properties shall be divided into 432 (Four hundred and thirty four) equal shares by metes and bounds.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Fathima
Relation
W/o
Party Role
Plaintiff
Party Name
Savad
Relation
Child
Party Role
Plaintiff
Party Name
Haseena
Party Age
22
Relation
Child
Party Role
Plaintiff
Party Name
Mirshad
Relation
Child
Party Role
Defendant
Party Name
Sainul Abid
Relation
Child
Party Role
Defendant
Party Name
Abdul Jaleel
Relation
Child
Party Role
Defendant
Party Name
Thithumma
Relation
W/o
Plaintiffs Documents
Ext. C1 report and C2 plan
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. M.A. Ismail
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri.E.C.Suresh
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri.T.Ali Hassan
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Granted
Description:
Final decree for partition as prayed for by the petitioners.
Evidence:
I hold a view that Ext.C1 report and C2 plan can be accepted and final decree for partition can be passed.
Relief Type: Other
Outcome: Granted
Description:
Equalization of shares among the parties.
Evidence:
Petitioners shall pay an amount of Rs. 1,220/- to the 1st respondent, Rs.3320/ to the 2nd respondent and Rs.536/- to the 3rd respondent respectively, towards equalisation of shares.

Documents & Evidence

Document Type: Commission Report
Submitted By: Court
Relevance:
The report submitted by the Advocate Commissioner detailing the measurement and valuation of the property available for partition.
Reference:
Ext.C1
Document Type: Commission Plan
Submitted By: Court
Relevance:
The plan submitted by the Advocate Commissioner outlining the plots to be allotted to the parties.
Reference:
Ext.C2

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Fathima et al vs Sainul Abid et al regarding partition
Case Code Year
Case between Fathima et al vs Sainul Abid et al regarding partition

Quick Facts

Location
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Thu, 01/01/2015 - 12:00
Case Closed
From
Thu, 08/01/2019 - 12:00
To
Sat, 08/31/2019 - 12:00
Outcome Confidence
90%

Involved Entities

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