Case Summary
The plaintiff, Sharmila @ Sharmi, seeks partition of property inherited from her deceased husband, Vipin Paul. Defendants include Vipin Paul's mother, sister, and father, who contest the plaintiff's claim based on prior agreements and her remarriage.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
1/4th share in the property
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit for partition, granting the plaintiff a 1/4th share of the property and ordering its division into four equal parts.
Why Plaintiff Won:
The plaintiff is a legal heir and entitled to a share under the Indian Succession Act despite prior settlements.
The plaintiff is a legal heir and entitled to a share under the Indian Succession Act despite prior settlements.
Losing Side's Weaknesses:
The plaintiff is a legal heir and entitled to a share under the Indian Succession Act despite prior settlements.
The plaintiff is a legal heir and entitled to a share under the Indian Succession Act despite prior settlements.
Supporting Evidence
The contention that the plaintiff has no right in the plaint schedule property is having no merits. It is admitted case that plaintiff is the widow of Vipin Paul.
Judgment Evidence:
In the result, the suit is decreed and a preliminary decree of partition is passed as given under: 1) Plaint schedule property is ordered to be partitioned by metes and bounds into 4 equal shares. 2) Plaintiff is entitled for 1/4th share each in plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sharmila @ Sharmi
- Party Age
- 37
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Vinsa Paul
- Party Age
- 63
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Smitha @ Nimmy
- Party Age
- 36
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Paul Payyappilly
- Party Age
- 69
Plaintiffs Documents
Certified copy of Sale deed no: 714/2002 of Thrikkakara Sub Registry Office
Defendants Documents
Power of Attorney no: 246/2006 of SRO, Thrikkakara, Agreement executed between plaintiff and 1st defendant.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- C M Nazar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shaji Thankappan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shaji Mathew K A
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- T T Josephina
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Amal M
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Riyan Augustine Shaji
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Plaintiff is entitled to 1/4th share of plaint schedule property and put in possession of the same.
Evidence:
Hence the suit is decreed and a preliminary decree of partition is passed.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Sale deed no: 714/2002 of Thrikkakara Sub Registry Office.
Reference:
Ext.A1
Document Type:
Power of Attorney
Submitted By:
Defendant
Relevance:
Power of Attorney no: 246/2006 of SRO, Thrikkakara.
Reference:
Ext.B1
Document Type:
Agreement
Submitted By:
Defendant
Relevance:
Agreement executed between plaintiff and 1st defendant on 4.7.2006.
Reference:
Ext.B3
Document Type:
Passbook
Submitted By:
Defendant
Relevance:
Passbook issued by Federal Bank in favor of the 1st defendant.
Reference:
Ext.B4
Document Type:
Bank statement
Submitted By:
Defendant
Relevance:
Bank statement regarding housing loan in favor of Vipin Paul and Vinsa Paul.
Reference:
Ext.B5
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Partition of property
Case Code
Case between Sharmila @ Sharmi vs Vinsa Paul et al regarding partition of property
Case Code Year
Case between Sharmila @ Sharmi vs Vinsa Paul et al regarding partition of property