Case Summary
The plaintiffs, children of Velayudhan and Janaki, have filed a suit for partition of property after the demise of their parents and siblings. The defendants are the legal heirs of Mallika, who also claim a share in the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree for partition.
Case Type
Civil Suit
Final Judgment
No
The court has decreed the suit and ordered the partition of the property into 4 equal shares among the plaintiffs and defendants. The plaintiffs are entitled to separate possession of their shares.
Why Plaintiff Won:
The defendants entered appearance and filed a consent statement admitting the pleadings in the plaint, and they have no objection in decreeing the suit as per the relief sought therein.
The defendants entered appearance and filed a consent statement admitting the pleadings in the plaint, and they have no objection in decreeing the suit as per the relief sought therein.
Losing Side's Weaknesses:
The defendants entered appearance and filed a consent statement admitting the pleadings in the plaint, and they have no objection in decreeing the suit as per the relief sought therein.
The defendants entered appearance and filed a consent statement admitting the pleadings in the plaint, and they have no objection in decreeing the suit as per the relief sought therein.
Supporting Evidence
Order 12 Rule 6 of CPC empowers the Court to pass judgment on admission of the parties.
Judgment Evidence:
In the result, the suit is decreed and a preliminary decree for partition is passed as follows: The plaint schedule properties are ordered to be partitioned by metes and bounds in to 4 equal shares.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kumaran
- Party Age
- 58
- Relation
- S/o.
- Party Role
- Plaintiff
- Party Name
- Kutty
- Party Age
- 64
- Relation
- W/o.
- Party Role
- Plaintiff
- Party Name
- Ambika N.C.
- Party Age
- 62
- Relation
- W/o.
- Party Role
- Plaintiff
- Party Name
- Manoj A.T.
- Party Age
- 42
- Relation
- S/o.
- Party Role
- Plaintiff
- Party Name
- Vinu
- Party Age
- 40
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- Manoj M.
- Party Age
- 23
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- Manju M.
- Party Age
- 21
- Relation
- D/o.
- Party Role
- Defendant
- Party Name
- Arun M.
- Party Age
- 19
- Relation
- S/o.
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- C. Gireeshkumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Biju D. Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Baheeda K.B.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Partition of the plaint schedule properties into 4 equal shares.
Evidence:
The suit is decreed and a preliminary decree for partition is passed.
Relief Type:
Possession
Outcome:
Granted
Description:
Plaintiffs are entitled to be put in separate possession of their share in the plaint schedule property.
Evidence:
Plaintiffs are entitled to be put in separate possession of their share in plaint schedule property.
Relief Type:
Possession
Outcome:
Granted
Description:
Defendants are entitled to get 1/4 share jointly in plaint schedule property.
Evidence:
Defendants are entitled to get 1/4 share jointly in plaint schedule property.
Documents & Evidence
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
The document is related to the ownership of the plaint schedule property.
Reference:
No. 3819/1979
Document Type:
Consent Statement
Submitted By:
Court
Relevance:
Defendants filed a consent statement admitting the pleadings in the plaint and had no objection in decreeing the suit.
Reference:
Document Type:
Judgment
Submitted By:
Court
Relevance:
The judgment decreed the suit for partition and documented the court's decision.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Case Code
Case between Kumaran et al vs Manoj M. et al regarding partition.
Case Code Year
Case between Kumaran et al vs Manoj M. et al regarding partition.