Case Summary
The plaintiffs are seeking a partition and permanent prohibitory injunction regarding a property. The defendant did not appear for the proceedings, leading to a default judgment in favor of the plaintiffs.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition of property and permanent prohibitory injunction against the defendant.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiffs, granting them a partition of the property. The defendant failed to appear, resulting in a default ruling.
Why Plaintiff Won:
The claim of the plaintiffs remains unchallenged and undisputed due to the defendant's absence.
The claim of the plaintiffs remains unchallenged and undisputed due to the defendant's absence.
Losing Side's Weaknesses:
The claim of the plaintiffs remains unchallenged and undisputed due to the defendant's absence.
The claim of the plaintiffs remains unchallenged and undisputed due to the defendant's absence.
Supporting Evidence
On a perusal of plaint, proof affidavit and documents the claim of the plaintiff remain unchallenged and undisputed.
Judgment Evidence:
The suit is preliminary decreed as follows: The 2nd plaintiff is entitled to partition and separate possession over 1/12th share over plaint schedule property by metes and bounds.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Leelamma
- Party Age
- 74
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Sasidharan
- Party Age
- 70
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Kaladharan
- Party Age
- 65
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Subramanian P.V
- Party Age
- 59
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- P.B.Rajeswari
- Party Age
- 56
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- P.B.Sivanandan
- Party Age
- 53
- Relation
- S/o
Plaintiffs Documents
Original of the Sale deed bearing no. 253/1111 (Malayalam Era) of Ernakulam SRO, Original of the building assessment book bearing no. 3244 issued by Corporation of Kochi.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A.T.Anil Kumar
- Appearance Type
- Main Counsel
- Bar Registration
- P1
- Party Role
- Defendant
- Advocate Name
- Sunu P John
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.K.Vijayakumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The 2nd plaintiff is entitled to partition and separate possession over 1/12th share over plaint schedule property.
Evidence:
The 2nd plaintiff is entitled to partition and separate possession over 1/12th share over plaint schedule property by metes and bounds.
Relief Type:
Possession
Outcome:
Granted
Description:
Plaintiffs No.19 to 21 are jointly entitled to partition and separate possession over 1/12th share over plaint schedule property.
Evidence:
plaintiffs No.19 to 21 are jointly entitled to partition and separate possession over 1/12th share over plaint schedule property by metes and bounds.
Relief Type:
Possession
Outcome:
Granted
Description:
Plaintiffs 4 to 8 and defendant are jointly entitled to have partition and separate possession over 1/6th share over plaint schedule property.
Evidence:
The plaintiffs 4 to 8 and defendant are jointly entitled to have partition and separate possession over 1/6th share over plaint schedule property by metes and bounds.
Relief Type:
Possession
Outcome:
Granted
Description:
Plaintiffs 9 to 13 are jointly entitled to get partition and separate possession over 1/6th share over plaint schedule property.
Evidence:
The plaintiffs 9 to 13 are jointly entitled to get partition and separate possession over 1/6th share over plaint schedule property by metes and bounds.
Relief Type:
Possession
Outcome:
Granted
Description:
Plaintiff No.18 is entitled to get partition and separate possession over 1/6th share over plaint schedule property.
Evidence:
Plaintiff No.18 is entitled to get partition and separate possession over 1/6th share over plaint schedule property by metes and bounds.
Relief Type:
Possession
Outcome:
Granted
Description:
Plaintiffs 22 to 27 are jointly entitled to get partition and separate possession over 1/6th share over plaint schedule property.
Evidence:
The plaintiffs 22 to 27 are jointly entitled to get partition and separate possession over 1/6th share over plaint schedule property by metes and bounds.
Relief Type:
Possession
Outcome:
Granted
Description:
The plaintiffs 15 to 17 are jointly entitled to get partition and separate possession over 1/6th share over plaint schedule property.
Evidence:
The plaintiffs 15 to 17 are jointly entitled to get partition and separate possession over 1/6th share over plaint schedule property by metes and bounds.
Relief Type:
Injunction
Outcome:
Granted
Description:
The defendant, their men and agents are restrained by a decree of permanent prohibitory injunction from doing any acts in such a way making the feasible partition of plaint schedule property become impossible.
Evidence:
The defendant, their men and agents are restrained by a decree of permanent prohibitory injunction from doing any acts in such a way making the feasible partition of plaint schedule property become impossible or from committing any sort of waste therein.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Original of the Sale deed bearing no. 253/1111 (Malayalam Era) of Ernakulam SRO.
Reference:
Ext.A1
Document Type:
Building Assessment Book
Submitted By:
Plaintiff
Relevance:
Original of the building assessment book bearing no. 3244 issued by Corporation of Kochi.
Reference:
Ext.A2
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 Leelamma et al vs P.B.Sivanandan regarding partition and permanent prohibitory injunction
Case Code Year
Case between Leelamma et al vs P.B.Sivanandan regarding partition and permanent prohibitory injunction