Case Summary
The petitioner, Theyyambattil Muhammed, seeks a final decree for partition based on a preliminary decree granted in 2009. The defendants contest the jurisdiction of the court to issue such a decree, claiming the property in question is Wakf property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court holds that it has the authority to proceed with the final decree application based on the preliminary decree, despite the objections regarding the alleged Wakf status of the property.
Why Plaintiff Won:
The court found that the preliminary decree stands valid and that there is no evidence of the property being a Wakf property.
The court found that the preliminary decree stands valid and that there is no evidence of the property being a Wakf property.
Losing Side's Weaknesses:
The court found that the preliminary decree stands valid and that there is no evidence of the property being a Wakf property.
The court found that the preliminary decree stands valid and that there is no evidence of the property being a Wakf property.
Supporting Evidence
The preliminary decree was passed in the year 2009. It was specifically pleaded in the plaint itself that even if there is a stipulation in the partition deed, it is not a Wakf property.
Judgment Evidence:
Since there is nothing before me to substantiate that the preliminary decree passed is a nullity, I am inclined to proceed with the final decree application.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Chatheri Kunhimoideen
- Party Age
- 70
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Chatheri Moideenkutty
- Party Age
- 67
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Chatheri Muhammed kutty
- Party Age
- 61
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Chatheri Ibrahim
- Party Age
- 56
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Chatheri Hamza
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Chatheri Immutty
- Party Age
- 76
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Chatheri Ayisamu
- Party Age
- 73
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Chatheri Thithiru
- Party Age
- 70
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Chatheri Mariyamu
- Party Age
- 68
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Chatheri Sainaba
- Party Age
- 58
- Relation
- W/o
Plaintiffs Documents
Preliminary decree for partition dated 28.02.2009
Defendants Documents
Counter claiming property is Wakf property
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M. Vijayakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. E,M. Purushothaman
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K. Ramachandran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Sri. E.K. Noushad
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Sreekala Sudheesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K. Ramamohanan
- Appearance Type
- Main Counsel
Documents & Evidence
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 Theyyambattil Muhammed et al vs Chatheri Hassan Haji's Children et al regarding partition of property
Case Code Year
Case between Theyyambattil Muhammed et al vs Chatheri Hassan Haji's Children et al regarding partition of property