Case Summary
The plaintiffs, Sudheendran Nair K G and others, filed a petition for final decree for the partition of the plaint schedule property. The defendants, including Saraswathiamma, contested the application.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court passed a final decree allowing the plaintiffs a 4/7 share of the property and the defendants a 3/7 share. The court also appointed an Advocate Commissioner to effect the partition.
Why Plaintiff Won:
The court found the division of the plaint schedule property appropriate and in accordance with the preliminary decree.
The court found the division of the plaint schedule property appropriate and in accordance with the preliminary decree.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The property was divided as per the preliminary decree, and the plan and report are accepted.
Judgment Evidence:
The petitioners/plaintiffs (1 to 4) are allotted 4/7 share. The respondents/defendants(1 to 3) are allotted 3/7 share.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sudheendran Nair K G
- Party Age
- 60
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Preetha Devi K G
- Party Age
- 48
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Lathadevi K G
- Party Age
- 58
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Geethadevi K G
- Party Age
- 56
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Saraswathiamma
- Party Age
- 76
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- K G Venugopal
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K G Karthikeyan Nair
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. S Somaraj
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. T P Pradeepkumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Josekutty Mathew
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Sanila P S
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from committing any acts of waste or mischief in the plaint schedule property.
Evidence:
Defendants are hereby restrained by a decree of permanent prohibitory injunction from committing any acts of waste or mischief in the plaint schedule property and the houses therein till the final decree order.
Relief Type:
Possession
Outcome:
Granted
Description:
Final decree passed partitioning the property between plaintiffs and defendants.
Evidence:
Final Decree is passed in accordance with Exhibit C1 series.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The court accepted the Commission Report for the partition of property.
Reference:
Ext.C1
Document Type:
Survey Map
Submitted By:
Court
Relevance:
The Survey Map was utilized for the final decree regarding the partition.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Sudheendran Nair K G et al vs Saraswathiamma et al regarding partition and injunction.
Case Code Year
Case between Sudheendran Nair K G et al vs Saraswathiamma et al regarding partition and injunction.