Case Summary
Mottemmala Sakkeena filed a petition for final decree regarding the partition of property as per a preliminary decree dated 24.01.2023. The defendants have no objection to passing the final decree.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaint schedule property is divided into 4 equal parts, with ¾ shares allotted to the petitioner and ¼ shares to the respondents.
Case Type
Final Decree Application
Final Judgment
No
The court has passed a final decree regarding the partition of property between the parties, allotting shares as per the initial decree.
Why Plaintiff Won:
The respondents appeared and had no objection to the petitioner's claim.
The respondents appeared and had no objection to the petitioner's claim.
Losing Side's Weaknesses:
The respondents appeared and had no objection to the petitioner's claim.
The respondents appeared and had no objection to the petitioner's claim.
Supporting Evidence
The respondents appeared in this case and has no objection in passing a final decree.
Judgment Evidence:
As per the discussions in the commission report, plan and preliminary decree and judgment dated 24.01.2023, a final decree is passed as follows: The plaint schedule property is divided into 4 equal parts.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- MOTTEMMAL SAKKEENA
- Party Age
- 48
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- KINARULLA PARAMBATH MAMMOOTTY
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- KINARULLA PARAMBATH HAMEED
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- KINARULLA PARAMBATH USMAN
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- BIYYATHU
- Party Age
- 65
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- ALEEMA
- Party Age
- 55
- Relation
- D/o
Plaintiffs Documents
Preliminary decree and judgment dated 24.01.2023
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C. R. Biju
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. M. Ragesh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The plaint schedule property is divided into 4 equal parts as per the preliminary decree.
Evidence:
A final decree is passed as follows: The plaint schedule property is divided into 4 equal parts.
Relief Type:
Damages
Outcome:
Granted
Description:
Respondents are directed to pay an amount of Rs.712.75/- to the petitioner.
Evidence:
Regarding the equity of shares the respondents are directed to pay an amount of Rs.712.75/- to the petitioner.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The report details the measurements and partitioning of the plaint schedule property.
Reference:
Ext.C1
Document Type:
Surveyor plan
Submitted By:
Court
Relevance:
The plan shows the division of the property as per the commission report.
Reference:
Ext.C2
Document Type:
Share List
Submitted By:
Court
Relevance:
The share list details how the plaint schedule property is divided into shares.
Reference:
Ext.C3
Case Classification
Case Type
Final Decree Application
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
Case between MOTTEMMAL SAKKEENA vs KINARULLA PARAMBATH MAMMOOTTY et al regarding partition of property
Case Code Year
Case between MOTTEMMAL SAKKEENA vs KINARULLA PARAMBATH MAMMOOTTY et al regarding partition of property