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FDIA 19/2024 in OS 190/2012

Case between KUNHAMI vs PATHU VALIYAPARAMBHATH et al regarding partition of property

Court
COURT OF THE MUNSIFF, NADAPURAM
Judge
Sri. Yadukrishnan. B
Order Date
2025-07-31
Duration
approximately-9 years 10 months
Case Closed
Thu, 07/31/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

KUNHAMI, the plaintiff, sought a final decree for partition against the defendants, who include the heirs of PATHU VALIYAPARAMBHATH. The case revolves around the division of property according to a preliminary decree issued previously.

Judgment Outcome

Plaintiff Won
Interim Order
The court ordered the partition of the property into three equal shares among the parties involved as per the preliminary decree. Each party is entitled to their respective shares as evaluated by the commission report.
Judgment Favored
Plaintiff
Relief Granted
Partition of property into three equal shares
Case Type
Civil Suit
Final Judgment
No
The court ordered the partition of the property into three equal shares among the parties involved as per the preliminary decree. Each party is entitled to their respective shares as evaluated by the commission report.
Why Plaintiff Won:
The court found that the preliminary decree was valid and the commission report supported the partition claims.
Losing Side's Weaknesses:
The court found that the preliminary decree was valid and the commission report supported the partition claims.
Supporting Evidence
As per the discussions in the commission report and preliminary decree and judgment dated 25.09.2015, a final decree is passed as follows: The plaint schedule property is divided into 3 equal parts.

Judgment Evidence:

Thus as per the preliminary decree for partition in the property the plaintiff/petitioner have taken out a commission and the Advocate Commissioner had measured out the property with the assistance of a Taluk Surveyor.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
KUNHAMI
Party Age
62
Relation
W/o
Party Role
Defendant
Party Name
PATHU VALIYAPARAMBHATH
Relation
Died
Party Role
Defendant
Party Name
HABEEB THAZHAVADAKKAYIL
Party Age
44
Relation
S/o
Party Role
Defendant
Party Name
SULAIKHA
Party Age
52
Relation
D/o
Party Role
Defendant
Party Name
SUBAIR
Party Age
50
Relation
S/o
Party Role
Defendant
Party Name
SOORA
Party Age
48
Relation
D/o
Plaintiffs Documents
Commission Report filed by Adv. U. V. Pradeepan, Surveyor Plan filed by Adv. U. V. Pradeepan.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. P. Divakaran
Appearance Type
Main Counsel

Reliefs

Relief Type: Possession
Outcome: Granted
Description:
The plaintiff is entitled to partition and separate possession of her 1/3 share of the property.
Evidence:
Plot No.C shown in C2 plan which is of 0.0361 area in hector is allotted to the separate share of the petitioner/plaintiff and is entitled to get partition and separate possession of her respective share.
Relief Type: Possession
Outcome: Granted
Description:
The second respondent is entitled to partition and separate possession of their share.
Evidence:
Plot A shown in Ext. C2 plan which is of 0.0361 area in hector is allotted to the separate share of the 2nd respondent/2nd defendant and is entitled to partition and separate possession of respective share.
Relief Type: Possession
Outcome: Granted
Description:
The legal heirs of the first respondent are entitled to partition and separate possession of their respective shares.
Evidence:
Plot No.B shown in C2 plan which is of 0.0361 area in hector is allotted to the separate share of the legal heirs of the 1st respondent/1st defendant and are entitled to get partition and separate possession of their respective shares.
Relief Type: Financial Amount
Outcome: Granted
Description:
The petitioner is directed to pay amounts to the second respondent and legal heirs of the first respondent.
Evidence:
Towards the equity of shares the petitioner has to give an amount of Rs.11,576/- to the second respondent and an amount of Rs. 7,726/- to the legal heirs of the first respondent.

Documents & Evidence

Document Type: Commission Report
Submitted By: Court
Relevance:
The Advocate Commissioner submitted the commission report, which includes measurements and identification of the property to be partitioned.
Reference:
Ext.C1
Document Type: Surveyor plan
Submitted By: Court
Relevance:
The Surveyor Plan filed by the Advocate Commissioner illustrates the division of the property into three equal parts.
Reference:
Ext.C2
Document Type: Share List
Submitted By: Court
Relevance:
The share lists provide details on the equity shares and valuations relevant to the partition proceedings.
Reference:
Ext.C3 series

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
Case between KUNHAMI vs PATHU VALIYAPARAMBHATH et al regarding partition of property
Case Code Year
Case between KUNHAMI vs PATHU VALIYAPARAMBHATH et al regarding partition of property

Quick Facts

Location
Nadapuram, Kozhikode District, Kerala
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Case Filed
Tue, 09/25/2012 - 12:00
Case Closed
Thu, 07/31/2025 - 12:00
From
Tue, 04/01/2025 - 12:00
To
Sun, 08/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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