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O.S. No.1649/2008

Case between Kumari K vs K.A. Narayanan et al regarding partition of property

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2024-07-06
Duration
approximately-15 years 6 months
Case Closed
Sat, 07/06/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Kumari K, the plaintiff, seeks a final decree for partition of property following a preliminary decree issued in 2011. The case involves the division of a joint property among the parties, all of whom are legal heirs of the deceased owners.

Judgment Outcome

Plaintiff Won
Interim Order
The court accepted the commission report, allowing the partition of the property as per the preliminary decree. Each party received a designated share in the property.
Judgment Favored
Plaintiff
Relief Granted
Partition of property as per the final decree
Case Type
Civil Suit
Final Judgment
No
The court accepted the commission report, allowing the partition of the property as per the preliminary decree. Each party received a designated share in the property.
Why Plaintiff Won:
The partition was carried out equitably as per the preliminary decree as evidenced by the commission report.
Losing Side's Weaknesses:
The partition was carried out equitably as per the preliminary decree as evidenced by the commission report.
Supporting Evidence
The commissioner has reported that the partition as per the commission report will ensure equitable division of the property as per the survey measurements and agreements reached during the process.

Judgment Evidence:

In the result, the final decree is passed as follows: Plot No.B shaded in orange colour in the Ext.C1(a) sketch admeasuring 0.74 Ares comprised in Resurvey No: 197/4 of Maradu Village, is allotted to petitioner as her share in the preliminary decree schedule property.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Kumari K
Party Age
64
Relation
W/o. Late K.N Ravi
Party Role
Defendant
Party Name
K.A. Narayanan
Relation
S/o. late Appu
Party Role
Defendant
Party Name
Lalitha
Relation
D/o. late Appu
Party Role
Defendant
Party Name
K.A. Karthiayani
Relation
D/o. late Appu
Party Role
Defendant
Party Name
Girija
Relation
W/o. late Raghavan
Party Role
Defendant
Party Name
Suresh
Relation
S/o. late Raghavan
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Gireesh R
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
A. T Anilkumar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sreenivasan K.S
Appearance Type
Main Counsel

Reliefs

Relief Type: Possession
Outcome: Granted
Description:
Final decree for partition and allotment of shares in the property.
Evidence:
Hence, the final decree is passed as follows: I.Plot No.A shaded in blue colour in the Ext.C1(a) sketch admeasuring 0.74 Ares comprised in Resurvey No: 197/4 of Maradu Village, is allotted to 4th to 6th respondents jointly towards their share in the preliminary decree schedule property.

Documents & Evidence

Document Type: Commission Report
Submitted By: Court
Relevance:
The advocate commissioner has reported on the partition of the property as per the order.
Reference:
Ext.C1
Document Type: Survey Sketch
Submitted By: Court
Relevance:
The sketch accompanies the commission report for the purpose of the partition.
Reference:
Ext.C1(a)

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Kumari K vs K.A. Narayanan et al regarding partition of property
Case Code Year
Case between Kumari K vs K.A. Narayanan et al regarding partition of property

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Tue, 01/01/2008 - 12:00
Case Closed
Sat, 07/06/2024 - 12:00
From
Mon, 07/01/2024 - 12:00
To
Wed, 07/31/2024 - 12:00
Outcome Confidence
85%

Involved Entities

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