Case Summary
The case involves a partition suit filed by the plaintiff Mary against the defendants, who are her co-owners of the property. The plaintiff seeks her ¼ share in the property, while the defendants are accused of attempting to alienate it.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit exparte, confirming the plaintiff's entitlement to a ¼ share in the property. Additionally, the defendants are restrained from alienating or encumbering the property until partition is completed.
Why Plaintiff Won:
The plaintiff satisfactorily proved her entitlement over the plaint schedule property.
The plaintiff satisfactorily proved her entitlement over the plaint schedule property.
Losing Side's Weaknesses:
The plaintiff satisfactorily proved her entitlement over the plaint schedule property.
The plaintiff satisfactorily proved her entitlement over the plaint schedule property.
Supporting Evidence
The evidence of PW1 remains unchallenged, as the defendants have chosen to remain exparte and have not adduced any evidence to disprove the plaintiff’s claim.
Judgment Evidence:
In the result, the suit is decreed exparte as follows: 1. It is hereby declared that the plaintiff and defendants 1 to 8 are co-owners of the plaint schedule property and are entitled to the following shares...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mary
- Party Age
- 60
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sunitha
- Party Age
- 52
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Alex Varghese
- Party Age
- 28
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Aleena Varghese
- Party Age
- 21
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Uma
- Party Age
- 33
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Reshma
- Party Age
- 31
- Relation
- W/o
Plaintiffs Documents
Certified copy of Patta No.PF16/69 in Kizhakkambalam Village from Special Tahasildar
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- T N Arunkumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Biji Mathew
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Reji K J
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration of shares in the plaint schedule property.
Evidence:
It is hereby declared that the plaintiff and defendants 1 to 8 are co-owners of the plaint schedule property and are entitled to the following shares.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent injunction restraining the defendants from alienating or encumbering the property.
Evidence:
The defendants, their men and agents are hereby restrained from alienating, encumbering, or in any manner dealing with the plaint schedule property till the partition actually effected.
Relief Type:
Possession
Outcome:
Granted
Description:
Plaintiff entitled to partition and separate possession of her ¼ share of the property.
Evidence:
The plaintiff is entitled to ¼ share in the plaint schedule property, and to have the same partitioned by metes and bounds, and to obtain separate possession of her share.
Documents & Evidence
Document Type:
Certified copy of PATTA
Submitted By:
Plaintiff
Relevance:
Establishes that the property originally stood in the name of Arakkal Devassy and subsequently devolved upon the legal heirs, including the plaintiff.
Reference:
Ext.A1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Case Code
Case between Mary vs Sunitha et al regarding partition
Case Code Year
Case between Mary vs Sunitha et al regarding partition