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ORIGINAL SUIT NO. 306 OF 2016

Case between Saithalavi vs Kuvvaparambil Muhammed's Children regarding partition of property.

Court
COURT OF THE MUNSIFF OF TIRUR
Judge
Smt. VINCY.T.V.
Order Date
2017-02-21
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff Saithalavi is seeking partition of property that is jointly owned with the defendants, Kuvvaparambil Muhammed's Children. The suit arises from the plaintiff's claims for a share of the property previously owned by their mother.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petition for partition, granting the plaintiff their share of the property. The defendants received compensation for their respective shares.
Judgment Favored
Plaintiff
Relief Granted
Final decree for partition of property and monetary compensation to defendants.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition for partition, granting the plaintiff their share of the property. The defendants received compensation for their respective shares.
Why Plaintiff Won:
The court found that the division of the property was not practically feasible and the compromise terms were lawful.
Losing Side's Weaknesses:
Not available
Supporting Evidence
The compromise shall form part of the final decree. As the property cannot be conveniently divided between all the shares, the sale of the property and distribution of the proceeds would be more beneficial for all the shareholders.

Judgment Evidence:

In the result, the petition allowed and final decree for partition is passed as follows: 1. The plaint B schedule property is allotted to the share of plaintiff. 2. Plaintiff has paid Rs. 50,000/- (Rupees Fifty thousand only) to each defendant no. 1 to 3 towards compensation in lieu of share to which they are entitled.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Saithalavi
Party Age
60
Relation
S/o
Party Role
Defendant
Party Name
Nafeesa
Party Age
57
Party Role
Defendant
Party Name
Pathumma
Party Age
55
Party Role
Defendant
Party Name
Sulaikha
Party Age
52
Plaintiffs Documents
Document No.1548/1977, Document No.2288/1977
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. M.A. Ismail
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri. Muhammed Basil Koya Thangal
Appearance Type
Main Counsel

Reliefs

Relief Type: Partition
Outcome: Granted
Description:
Final decree for partition of plaint B schedule property.
Evidence:
In the result, the petition allowed and final decree for partition is passed as follows.
Relief Type: Compensation
Outcome: Granted
Description:
Plaintiff has to pay Rs. 50,000 to each defendant towards compensation.
Evidence:
Plaintiff has paid Rs. 50,000 (Rupees Fifty thousand only) to each defendant no. 1 to 3 towards compensation in lieu of share to which they are entitled.

Documents & Evidence

Document Type: Document No.
Submitted By: Plaintiff
Relevance:
These documents establish the ownership of the plaint B schedule property.
Reference:
1548/1977 and 2288/1977
Document Type: Genealogical table
Submitted By: Unknown
Relevance:
The genealogical table shows the relationship between the plaintiff and defendants.
Reference:

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Saithalavi vs Kuvvaparambil Muhammed's Children regarding partition of property.
Case Code Year
Case between Saithalavi vs Kuvvaparambil Muhammed's Children regarding partition of property.

Case Flags

Out-of-Court Settlement

Quick Facts

Location
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Case Closed
From
Wed, 02/01/2017 - 12:00
To
Sat, 02/28/2026 - 12:00
Outcome Confidence
85%

Involved Entities

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