Case Summary
Manoj A.N is the plaintiff and Shabu is the defendant in a case concerning the partition of property. The court passed a final decree allowing the plaintiff a 7/8 share of the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Final decree for partition of property
Case Type
Civil Suit
Final Judgment
No
The court issued a final decree granting the plaintiff 7/8 share of the property and the defendant 1/8 share.
Why Plaintiff Won:
Petitioner is entitled to 7/8 share as per the preliminary decree.
Petitioner is entitled to 7/8 share as per the preliminary decree.
Losing Side's Weaknesses:
Petitioner is entitled to 7/8 share as per the preliminary decree.
Petitioner is entitled to 7/8 share as per the preliminary decree.
Supporting Evidence
I have perused the preliminary decree, commission report and plan. I am satisfied that Ext. C1 (a) plan is prepared in accordance with the preliminary decree and a final decree can be passed in terms of Ext. C1(a) plan.
Judgment Evidence:
In the result, final decree is passed as follows:- a. The plot denoted with letters ABGDEFA in Ext. C1 (a) plan is allotted to the petitioner/plaintiff as his 7/8 share of plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Manoj A.N
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shabu
- Party Age
- 54
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.Krishnakumar
- Appearance Type
- Main Counsel
- Party Role
- Court
- Advocate Name
- Shyla K.A
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Final decree declaring the share of property allotted to each party.
Evidence:
In the result, final decree is passed as follows:- a. The plot denoted with letters ABGDEFA in Ext. C1 (a) plan is allotted to the petitioner/plaintiff as his 7/8 share of plaint schedule property.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The commission report was used to effect partition as per the preliminary decree.
Reference:
Ext.C1
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
The survey plan was verified and found to be in accordance with the preliminary decree for passing the final decree.
Reference:
Ext.C1 (a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Case Code
Case between Manoj A.N vs Shabu regarding partition of property
Case Code Year
Case between Manoj A.N vs Shabu regarding partition of property