Case Summary
The plaintiff, Kattuparambath Kodinilath Saraswathi, filed a petition for a final decree to divide property as per a preliminary decree. The court appointed an Advocate Commissioner to effect the division, and the third defendant was granted the right to reside until her death.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The 2.78 cents of land and house are allotted to the plaintiff, with the third defendant having the right to reside until her death.
Case Type
Final Decree Petition
Final Judgment
No
The court approved the final decree for the division of property as per the Advocate Commissioner's report, allotting the specified land and house to the plaintiff while granting the third defendant the right to reside.
Why Plaintiff Won:
Losing Side's Weaknesses:
Supporting Evidence
On perusal of the report, plan, photograph, this Court is satisfied that a final decree can be passed.
Judgment Evidence:
In the result, the final decree is passed as follows: 1) The 2.78 cents of land shown in the exhibit C1 (a) plan, along with the house situated therein and all improvements therein is allotted to the petitioner towards her share in the decree schedule property; 2) The respondent No 3 shall have right to reside in the house situated in the decree schedule property till her death.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kattuparambath Kodinilath Saraswathi
- Party Age
- 53
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Kattuparambath Kodinilath Sivasankaran.V.P
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kattuparambath Kodinilath Raveendran.V.P
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Padmavathi Amma
- Party Age
- 69
- Relation
- D/o
Plaintiffs Documents
Original assignment deeds produced by the plaintiff.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.N.Manoj
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.P.N.Sreenivasan
- Appearance Type
- Main Counsel
- Party Role
- Court
- Advocate Name
- Adv K.M. Viswanathan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The petitioner is allotted the 2.78 cents of land and house as her share in the decree schedule property.
Evidence:
In the result, the final decree is passed as follows: 1) The 2.78 cents of land shown in the exhibit C1 (a) plan, along with the house situated therein and all improvements therein is allotted to the petitioner towards her share in the decree schedule property.
Relief Type:
Right of residence
Outcome:
Granted
Description:
The respondent No 3 shall have the right to reside in the house situated in the decree schedule property till her death.
Evidence:
2) The respondent No 3 shall have right to reside in the house situated in the decree schedule property till her death.
Documents & Evidence
Document Type:
Commissioner's Report
Submitted By:
Court
Relevance:
The court used the commissioner's report to verify the partition of the property as outlined in the preliminary decree.
Reference:
C1
Document Type:
Advocate Commissioner's plan
Submitted By:
Court
Relevance:
The plan was part of the documents reviewed to ensure proper partitioning of the property.
Reference:
C1(a)
Document Type:
Photograph
Submitted By:
Court
Relevance:
The photograph was submitted as evidence of the property's condition and layout.
Reference:
C1(b)
Case Classification
Case Type
Final Decree Petition
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Kattuparambath Kodinilath Saraswathi vs Kattuparambath Kodinilath Sivasankaran.V.P et al regarding final decree petition for division of property.
Case Code Year
Case between Kattuparambath Kodinilath Saraswathi vs Kattuparambath Kodinilath Sivasankaran.V.P et al regarding final decree petition for division of property.