Case Summary
George Fernandez filed a petition under the Code of Civil Procedure for a final decree of partition concerning the distribution of property. The case involves multiple defendants, who are family members.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Final decree of partition allotted to the petitioner the property as per the plan.
Case Type
Civil Suit
Final Judgment
No
The court passed a final decree of partition allotting specific shares of the property to the plaintiff and defendants as per the preliminary decree.
Why Plaintiff Won:
The petition was unopposed and a final decree was necessary as per the preliminary decree.
The petition was unopposed and a final decree was necessary as per the preliminary decree.
Losing Side's Weaknesses:
The petition was unopposed and a final decree was necessary as per the preliminary decree.
The petition was unopposed and a final decree was necessary as per the preliminary decree.
Supporting Evidence
The parties have no objection with respect to the plan, and the plan is accepted.
Judgment Evidence:
The final decree is passed as follows: - (a) The petitioner/plaintiff is allotted property shown in letters 'EFKMLE' and Y letter foundation having an extent of 1.29 Ares (3 cents 186 sq. links) in Resurvey No.274/6,7 in Block No.3 of Thrikadavoor Village in Kollam Taluk in Kollam District in Ext.C1(b) plan.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- George Fernandez
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jesy Fernandez
- Party Age
- 68
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Francis Fernandes
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Soosanna Fernandez
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Joy Fernandez
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Alice Fernandez
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Justin Poulose
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The petitioner is allotted property shown in letters 'EFKMLE' and Y letter foundation.
Evidence:
The petitioner/plaintiff is allotted property shown in letters ‘EFKMLE’ and Y letter foundation having an extent of 1.29 Ares (3 cents 186 sq. links) in Resurvey No.274/6,7 in Block No.3 of Thrikadavoor Village in Kollam Taluk in Kollam District in Ext.C1(b) plan.
Relief Type:
Declaration
Outcome:
Granted
Description:
The plan Ext.C1(b) shall form part of the decree.
Evidence:
Ext. C1(b) plan shall form part of the decree.
Relief Type:
Other
Outcome:
Not Decided
Description:
Petitioner shall produce non-judicial stamp paper for the market value of the share.
Evidence:
Petitioner shall produce non-judicial stamp paper for the market value of the share in accordance with the Rules for engrossing the final decree.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The court used the commission report to determine the division of property among the parties.
Reference:
Ext.C1
Document Type:
Mahazar
Submitted By:
Court
Relevance:
The mahazar was prepared for the property partition and is part of the decree.
Reference:
Ext.C1(a)
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
The survey plan was used to identify the specific property allotted to the petitioner.
Reference:
Ext.C1(b)
Document Type:
Valuation Report
Submitted By:
Court
Relevance:
The valuation report provides assessed worth for the share of property in the decree.
Reference:
Ext.C1(c)
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 George Fernandez vs Jesy Fernandez et al regarding final decree of partition
Case Code Year
Case between George Fernandez vs Jesy Fernandez et al regarding final decree of partition