Case Summary
Jose Joseph, the petitioner, seeks separate possession of property shares declared in a previous decree. The case involves multiple defendants and claims regarding property ownership.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Separate possession of shares as per the final decree.
Case Type
Civil Suit
Final Judgment
No
The court granted the final decree for separate possession of property shares to the petitioner and the first plaintiff, based on a preliminary decree and recommendations from a commissioner.
Why Plaintiff Won:
The preliminary decree established the entitlement of the petitioner and the second plaintiff to respective shares in the property.
The preliminary decree established the entitlement of the petitioner and the second plaintiff to respective shares in the property.
Losing Side's Weaknesses:
The preliminary decree established the entitlement of the petitioner and the second plaintiff to respective shares in the property.
The preliminary decree established the entitlement of the petitioner and the second plaintiff to respective shares in the property.
Supporting Evidence
A commissioner and surveyor were appointed on the application filed by the petitioner. Ext C1 (a) is a plan prepared by the surveyor. On going through the preliminary decree passed in this case on 29.02.2016, the 1/2 right of the 1st defendant and the 2nd plaintiff over the plaint schedule No.2 property has been declared.
Judgment Evidence:
Thus, based on the preliminary decree passed and the commissioner report prepared in this case and upon hearing the counsel for the petitioners, it is found that a final decree allotting the share of the petitioner/1st defendant, and the 1st respondent/2nd plaintiff can be passed and the same is accordingly done as follows:
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- James Joseph
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jose Joseph
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mariyakutty Joseph
- Party Age
- 86
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mary George
- Party Age
- 60
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Alice Augustine
- Party Age
- 56
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Seline Thomas
- Party Age
- 47
- Relation
- D/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jose Sebastian
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sony P. Mathew
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Johncy Noble
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- George Joseph Kakkanattu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Final decree allotting the share of the petitioner/1st defendant and the 1st respondent/2nd plaintiff.
Evidence:
Thus, based on the preliminary decree passed and the commission report prepared in this case... it is found that a final decree allotting the share of the petitioner/1st defendant, and the 1st respondent/2nd plaintiff can be passed and the same is accordingly done as follows:
Documents & Evidence
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
The court relied on the survey plan prepared by the commissioner to allocate shares of the property.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Pala
Common Reasons
Case Code
Case between Jose Joseph vs James Joseph et al regarding separate possession of shares.
Case Code Year
Case between Jose Joseph vs James Joseph et al regarding separate possession of shares.