Case Summary
This case involves Shijith Ambalathamkandi and Snehaprabha regarding the partition of property inherited from their deceased father. The plaintiff seeks a declaration of civil death for their brother Shijoy, who has been missing for 19 years.
Judgment Outcome
Judgment Favored
Partial
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court accepted the defendants' request for partition and declared that the property will be divided into three equal shares. The declaration of civil death for Shijoy was denied.
Key Reasoning:
Losing Side's Weaknesses:
Supporting Evidence
Judgment Evidence:
In the light of discussions held in issue No.1 to 3, the suit is decreed in part and a preliminary decree for partition is passed as follows: 1) The plaint schedule property is divided into 3 equal parts and the plaintiff is entitled to get 1/3rd share over the plaint schedule property and the defendants 1 and 2 are entitled to get their 1/3rd share over the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shijith Ambalathamkandi
- Party Age
- 47
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Navya. P. B
- Party Age
- 38
- Relation
- Wife
- Party Role
- Defendant
- Party Name
- Snehaprabha
- Party Age
- 67
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Shinejith Ambalathamkandi
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Anupama Shinejith
- Party Age
- 38
- Relation
- Represented by
Plaintiffs Documents
Assignment Deed No. 1003/1982, Release Deed No. 1215/1982, Release Deed No. 1642/1982, Basic Tax Receipt issued by Village Office, Death Certificate of P. V. Raveendranath, Photocopy of FIR No. 6/2003
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. N. M. Rajagopal
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Adeeb Salah
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. C. R. Biju
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
Claim for declaration of civil death of Shijoy.
Evidence:
The first relief as to the declaration of the civil death is hereby denied.
Relief Type:
Partition
Outcome:
Granted
Description:
Request for partition of the plaint schedule property.
Evidence:
A preliminary decree for partition is passed.
Documents & Evidence
Document Type:
Assignment Deed
Submitted By:
Plaintiff
Relevance:
Shows the assignment of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Another document pertaining to the ownership of the property.
Reference:
Ext.A2
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Supports the title of the property in question.
Reference:
Ext.A3
Document Type:
Basic Tax Receipt
Submitted By:
Plaintiff
Relevance:
Demonstrates the payment of taxes on the property by the father.
Reference:
Ext.A4
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Confirms the death of the father of the plaintiff and second defendant.
Reference:
Ext.A5
Document Type:
FIR
Submitted By:
Plaintiff
Relevance:
Indicates the missing status of the brother Shijoy.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
Case between Shijith Ambalathamkandi vs Snehaprabha et al regarding declaration and partition
Case Code Year
Case between Shijith Ambalathamkandi vs Snehaprabha et al regarding declaration and partition