Case Summary
The case involves a suit for partition of property between Thankamani, the plaintiff, and her brother Padmanaban, the first defendant. The plaintiff claims entitlement to half of the property based on her father's tenancy rights, while the defendant contests these claims.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition of property by metes and bounds into 2 equal shares.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed, granting the plaintiff a preliminary decree of partition for half the property. Both parties are deemed co-owners.
Why Plaintiff Won:
The plaint schedule property is partible, and the plaintiff is legally entitled to half of the property.
The plaint schedule property is partible, and the plaintiff is legally entitled to half of the property.
Losing Side's Weaknesses:
The plaint schedule property is partible, and the plaintiff is legally entitled to half of the property.
The plaint schedule property is partible, and the plaintiff is legally entitled to half of the property.
Supporting Evidence
It is not disputed by the defendant that the plaint schedule property is partible. Therefore as per Ext.A1, plaintiff is the co-owner of plaint schedule property and she is also entitled for 1/2 share in the property of her deceased father Ayyappan.
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 2 equal shares.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Thankamani
- Party Age
- 64
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Padmanaban
- Party Age
- 75
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Prabakaran
- Party Age
- 70
- Relation
- S/o
Plaintiffs Documents
Certified copy of Kudikidappu Certificate issued by the Special Tahasildar (LR), Land Tribunal, Ernakulam in OA No. 40/2018 in the name of the 1st defendant.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P D Jayanmon
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Franklin
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Babu Cherukara
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K K Jayaraj
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Kirosh Rajan Ponnambil
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sreeraj C R
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jees Martin
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Christeena Rachel Shaji
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Plaintiff is entitled for 1/2 share in plaint schedule property.
Evidence:
Accordingly, plaintiff is entitled for 1/2 share in plaint schedule property.
Relief Type:
Possession
Outcome:
Granted
Description:
Defendant is entitled for 1/2 share in plaint schedule property.
Evidence:
Defendant is entitled for 1/2 share in plaint schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
Plaint schedule property is ordered to be partitioned by metes and bounds into 2 equal shares.
Evidence:
Plaint schedule property is ordered to be partitioned by metes and bounds into 2 equal shares.
Relief Type:
Other
Outcome:
Not Decided
Description:
The question of equities and reservations shall be relegated to the final decree proceedings.
Evidence:
The question of equities and reservations shall be relegated to the final decree proceedings.
Documents & Evidence
Document Type:
Kudikidappu Certificate
Submitted By:
Plaintiff
Relevance:
This document was used to establish the tenancy rights and ownership related to the property in contention.
Reference:
Ext.A1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Thankamani vs Padmanaban et al regarding partition of property
Case Code Year
Case between Thankamani vs Padmanaban et al regarding partition of property