Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
O S.No.1036/2019

Case between Padmakumar et al vs Sarojini et al regarding partition and setting aside documents

Court
COURT OF ADDITIONAL MUNSIFF-III
Judge
Smt.Sreelakshmi.C
Order Date
2025-11-29
Duration
approximately-6 years 11 months
Case Closed
Sat, 11/29/2025 - 12:00

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

The plaintiffs, including Padmakumar and Vijayakumar, are seeking a partition of property and setting aside a compromise deed related to the estate of late Neelakandan and Chellamma. The defendants are the siblings and legal heirs disputing the claims made by the plaintiffs.

Judgment Outcome

Defendant Won
Interim Order
The suit for partition and setting aside the compromise decree is dismissed as the plaintiffs have acted upon the previous compromise decree. The court found that there was no basis to set aside the decree given that the compromise was deemed a final decision.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit for partition and setting aside the compromise decree is dismissed as the plaintiffs have acted upon the previous compromise decree. The court found that there was no basis to set aside the decree given that the compromise was deemed a final decision.
Key Reasoning:
The plaintiffs could not establish grounds to set aside the compromise decree.
Why Defendant Won:
The plaintiffs could not establish grounds to set aside the compromise decree.
Supporting Evidence
The plaintiffs have acted upon the compromise decree whereby they have settled their shares in favour of each other.

Judgment Evidence:

In the result suit stands dismissed. No order as to costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Padmakumar
Party Age
45
Relation
S/o
Party Role
Plaintiff
Party Name
Vijayakumar
Party Age
42
Relation
S/o
Party Role
Plaintiff
Party Name
Reghunathan
Party Age
53
Relation
S/o
Party Role
Defendant
Party Name
Sarojini
Party Age
70
Relation
D/o
Party Role
Defendant
Party Name
Sambasivan
Party Age
63
Relation
S/o
Party Role
Defendant
Party Name
Ambujakshan
Party Age
60
Relation
S/o
Party Role
Defendant
Party Name
Madhusoodhanan
Party Age
58
Relation
S/o
Party Role
Defendant
Party Name
Premakumari
Party Age
38
Relation
D/o
Plaintiffs Documents
The copy of compromise decree, The copy of partition deed No.3165/1995, The certified copy of sale deed No.3856/1995, The certified copy of sale deed No.937/1996
Defendants Documents
The settlement No.1767/2022, The settlement No.1763/2022, The settlement No.1764/2022, The certified copy of final decree in OS.61/1996, The copy execution petition filed by PW2 on the basis of Ext.B5 decree.

Advocates

Party Role
Plaintiff
Advocate Name
Sri.G.K.Namboothiry
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri.V.Sambu Namboothiry
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Sri.K.S.Gopinathan Nair
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri.Sen.A.G.
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Sri.Sandhya. G.R
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Partition
Outcome: Refused
Description:
The plaintiffs sought a decree for partition of the plaint schedule property.
Evidence:
the plaintiffs are not entitled for a decree of partition
Relief Type: Setting aside Decree
Outcome: Refused
Description:
The plaintiffs sought to set aside the compromise decree in OS No. 61/1996.
Evidence:
the plaintiffs cannot approach this court with a suit to set aside the compromise decree
Relief Type: Setting Aside Sale Deeds
Outcome: Refused
Description:
The plaintiffs sought to set aside the sale deeds No. 3856/1995 and 937/1996.
Evidence:
the plaintiffs are not entitled for [...] sale deed Nos.3856/1995 and 937/1996
Relief Type: Permanent Injunction
Outcome: Not Decided
Description:
The plaintiffs sought a permanent prohibitory injunction as prayed for.
Evidence:
is the plaintiff entitled for permanent prohibitory injunction as prayed for?

Documents & Evidence

Document Type: Compromise Decree
Submitted By: Plaintiff
Relevance:
This document was referenced to show the compromise reached in an earlier suit, which the plaintiffs sought to set aside.
Reference:
Ext.A1
Document Type: Partition Deed
Submitted By: Plaintiff
Relevance:
This document was referenced as the partition deed that the parties had entered into regarding the property.
Reference:
Ext.A2
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
This document was mentioned as evidence that Sahadevan executed a sale deed conveying property to the second defendant.
Reference:
Ext.A3
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
This document was mentioned as evidence that Sahadevan executed another sale deed conveying property to the first defendant.
Reference:
Ext.A4
Document Type: Settlement Deed
Submitted By: Defendant
Relevance:
This document was referenced as a settlement deed executed in favour of the second plaintiff.
Reference:
Ext.B1
Document Type: Settlement Deed
Submitted By: Defendant
Relevance:
This document was referenced as a settlement deed executed in favour of the sixth defendant.
Reference:
Ext.B2
Document Type: Settlement Deed
Submitted By: Defendant
Relevance:
This document was referenced as another settlement deed executed in favour of the first plaintiff.
Reference:
Ext.B3
Document Type: Settlement Deed
Submitted By: Defendant
Relevance:
This document was referenced as a settlement deed executed in favour of the sixth defendant.
Reference:
Ext.B4
Document Type: Final Decree
Submitted By: Defendant
Relevance:
This document was referenced as the certified copy of the final decree in a related suit.
Reference:
Ext.B5
Document Type: Execution Petition
Submitted By: Defendant
Relevance:
This document was referenced as the execution petition filed based on the final decree.
Reference:
Ext.B6
Document Type: Impleading Petition
Submitted By: Defendant
Relevance:
This document was referenced as the certified copy of the impleading petition filed in a related suit.
Reference:
Ext.B7

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Padmakumar et al vs Sarojini et al regarding partition and setting aside documents
Case Code Year
Case between Padmakumar et al vs Sarojini et al regarding partition and setting aside documents

Quick Facts

Location
Thiruvananthapuram
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Case Filed
Fri, 11/29/2019 - 12:00
Case Closed
Sat, 11/29/2025 - 12:00
From
Sat, 11/01/2025 - 12:00
To
Sun, 11/30/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Similar Cases

Case between Union Bank of India et al vs Midhun. M regarding rejection of plaint
IN THE COURT OF PRINCIPAL MUNSIFF
Civil Suit Defendant Won
Case between Purushothaman Pillay Divakaran et al vs Deepti Sivan regarding injunction
COURT OF ADDITIONAL MUNSIFF (RCC)
Civil Suit Plaintiff Won
Case between Sreenath.S vs Thankarajan et al regarding dismissal of suit as not pressed
COURT OF ADDITIONAL MUNSIFF (RCC)
Civil Suit Defendant Won
Case between Sindhu.S et al vs Lalitha et al regarding withdrawal of suit
COURT OF ADDITIONAL MUNSIFF (RCC)
Civil Suit Plaintiff Won
Case between Vanitha Sureshbabu Thilak vs Babu Chettiyar et al regarding permanent prohibitory injunction
COURT OF PRINCIPAL MUNSIFF
Civil Suit Plaintiff Won