Case Summary
The plaintiffs, K.V.Saradha and others, are seeking a partition of property from the defendants, Manaseswary and others, who are legal heirs of the late Unnaman Velachan. The case involves claims on property that has not been partitioned since the death of the patriarch in 1959.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition of the plaint schedule property among the heirs.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaint schedule property is partible and assigned shares to the plaintiffs and defendants. The legal heirs are entitled to their respective shares from the residential property.
Why Plaintiff Won:
The plaintiffs provided unchallenged proof of their claims over the property.
The plaintiffs provided unchallenged proof of their claims over the property.
Losing Side's Weaknesses:
The plaintiffs provided unchallenged proof of their claims over the property.
The plaintiffs provided unchallenged proof of their claims over the property.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim. So, a decree can rightly be passed as prayed for.
Judgment Evidence:
It is decreed that the plaint schedule property is partible and plaintiffs No.2 and 5 are jointly entitled to get 1/5th share, ie,90/450 shares. It is decreed that the plaintiffs 3 and 4 are jointly entitled to get 1/5th share, ie,90/450 share. The plaintiff No.6 and defendants No.1 to 4 are jointly entitled to get 1/5th share. The defendants 5 to 10 are jointly entitled to get 1/5th share ie.,90/450 shares of plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.V.Saradha
- Party Age
- 80
- Relation
- D/o Velachan and W/o Madhavan
- Party Role
- Plaintiff
- Party Name
- K.V.Anirudhan
- Party Age
- 75
- Relation
- S/o Velachan
- Party Role
- Plaintiff
- Party Name
- Sarada P.K
- Party Age
- 67
- Relation
- W/o Bhuanachandran
- Party Role
- Plaintiff
- Party Name
- Aneesh
- Relation
- S/o Bhuanachandran
- Party Role
- Plaintiff
- Party Name
- Haridasini
- Party Age
- 66
- Relation
- D/o Velachan
- Party Role
- Defendant
- Party Name
- Manaseswary
- Party Age
- 49
- Relation
- D/o Haridasan
- Party Role
- Defendant
- Party Name
- Mr.Santhosh
- Party Age
- 49
- Relation
- Husband of deceased (Mahileswary D/o Haridasan)
- Party Role
- Defendant
- Party Name
- Ashwin
- Party Age
- 16
- Party Role
- Defendant
- Party Name
- Abhishek
- Party Age
- 17
- Party Role
- Defendant
- Party Name
- Kusumam
- Party Age
- 65
- Relation
- D/o Sarada
Plaintiffs Documents
copy of sale deed no 230/92, Original receipt no 5584 issued by Shanmughapuram Co-operative society, Original receipt no 9548 issued by Shanmughapuram Co-operative society, Original receipt no 4782.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.R.Jayaprasad
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
It is decreed that the plaint schedule property is partible.
Evidence:
It is decreed that the plaint schedule property is partible.
Relief Type:
Distribution
Outcome:
Granted
Description:
The plaintiffs and defendants are entitled to their respective shares in the plaint schedule property.
Evidence:
It is decreed that the plaintiffs No.2 and 5 are jointly entitled to get 1/5th share, ie,90/450 shares.
Relief Type:
Distribution
Outcome:
Granted
Description:
The plaintiffs 3 and 4 are jointly entitled to get 1/5th share.
Evidence:
It is decreed that the plaintiffs 3 and 4 are jointly entitled to get 1/5th share, ie,90/450 share.
Relief Type:
Distribution
Outcome:
Granted
Description:
The plaintiff No.6 and defendants No.1 to 4 are jointly entitled to get 1/5th share.
Evidence:
The plaintiff No.6 and defendants No.1 to 4 are jointly entitled to get 1/ 5th share.
Relief Type:
Distribution
Outcome:
Granted
Description:
The defendants 5 to 10 are jointly entitled to get 1/5th share of plaint schedule property.
Evidence:
The defendants 5 to 10 are jointly entitled to get 1/ 5th share ie.,90/450 shares of plaint schedule property.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of sale deed submitted as evidence.
Reference:
Ext.A1
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Original receipt issued by Shanmughapuram Co-operative society submitted as evidence.
Reference:
Ext.A2
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Original receipt issued by Shanmughapuram Co-operative society submitted as evidence.
Reference:
Ext.A3
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Original receipt submitted as evidence.
Reference:
Ext.A4
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 K.V.Saradha et al vs Manaseswary et al regarding partition of property
Case Code Year
Case between K.V.Saradha et al vs Manaseswary et al regarding partition of property