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Original Suit No. 116 of 2008

Case between Theyyambattil Muhammed et al vs Chatheri Hassan Haji's Children et al regarding partition of property

Court
COURT OF THE MUNSIFF OF TIRUR
Judge
SMT. VINCY.T.V., B.A., LL.B., MUNSIFF
Order Date
2017-06-19
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
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.
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.
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.
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

Quick Facts

Location
Tirur Taluk
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Tue, 01/01/2008 - 12:00
Case Closed
From
Mon, 07/01/2019 - 12:00
To
Wed, 07/31/2019 - 12:00
Outcome Confidence
90%

Involved Entities

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