Case Summary
The plaintiffs, including Ammini Kuttappan and others, are seeking to set aside and remit a commission report related to the partition of property among legal heirs of late Josephine. The defendants include K.M.Rajan and others who contest the validity of the plaintiffs' claims and submissions.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court allowed the plaintiff's application to remit the commission report back for a reevaluation of the property partition based on the preliminary decree. It concluded that the previous report was flawed due to reliance on unregistered relinquishments.
Why Plaintiff Won:
The court determined that the relinquishment made by additional defendants was invalid due to lack of a registered document as required by law.
The court determined that the relinquishment made by additional defendants was invalid due to lack of a registered document as required by law.
Losing Side's Weaknesses:
The court determined that the relinquishment made by additional defendants was invalid due to lack of a registered document as required by law.
The court determined that the relinquishment made by additional defendants was invalid due to lack of a registered document as required by law.
Supporting Evidence
The main contention put forth by the learned counsel for petitioner is that during the pendency of final decree application the 1st plaintiff died and her legal heirs were impleaded as additional defendants 3 to 6. The court also stated that the relinquishment made by additional defendants cannot be accepted.
Judgment Evidence:
In the result, I.A stands allowed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ammini Kuttappan
- Relation
- D/o Late Josephine
- Party Role
- Plaintiff
- Party Name
- K.M.Mohan
- Relation
- S/o Late Josephine
- Party Role
- Plaintiff
- Party Name
- K.J.Geetha
- Relation
- D/o Late Josephine
- Party Role
- Plaintiff
- Party Name
- K.J.Anitha
- Relation
- D/o Late Josephine
- Party Role
- Plaintiff
- Party Name
- Stella Mathew
- Relation
- D/o Late Josephine
- Party Role
- Defendant
- Party Name
- K.M.Rajan
- Relation
- S/o Late Josephine
- Party Role
- Defendant
- Party Name
- Boban Mathew
- Relation
- S/o Late Josephine
- Party Role
- Defendant
- Party Name
- Jacob Josephine
- Party Role
- Defendant
- Party Name
- Pearly Jacob
- Relation
- D/o Lilly Mathew
- Party Role
- Defendant
- Party Name
- Bejoy Jacob
- Relation
- S/o Lilly Mathew
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.R.Ram Mohan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- H.K.Radhakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.D.R.Rajesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Nemom.V.Sanjeev
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The commission report is to be remitted back to the advocate commissioner for ascertaining and measuring the property in view of the preliminary decree passed by the court.
Evidence:
the commission report is to be remitted back to the advocate commissioner and advocate commissioner is directed to ascertain and measure out the property in view of the preliminary decree passed by this court.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Ammini Kuttappan et al vs K.M.Rajan et al regarding partition of property.
Case Code Year
Case between Ammini Kuttappan et al vs K.M.Rajan et al regarding partition of property.