Case Summary
The plaintiffs, C.Santhakumari and R.S Mini, are seeking a partition of property they co-own with the defendant, Manoj V.R. The defendant did not appear in court, leading to a default judgment in favor of the plaintiffs.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree for partition passed
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit for partition, allowing the plaintiffs to share the property equally. The defendant's absence resulted in a favorable outcome for the plaintiffs.
Why Plaintiff Won:
The plaintiffs proved their ownership and possession of the property through unchallenged and unrebutted evidence.
The plaintiffs proved their ownership and possession of the property through unchallenged and unrebutted evidence.
Losing Side's Weaknesses:
The plaintiffs proved their ownership and possession of the property through unchallenged and unrebutted evidence.
The plaintiffs proved their ownership and possession of the property through unchallenged and unrebutted evidence.
Supporting Evidence
The plaintiffs have proved that they are the co-owners, in possession and enjoyment of the plaint schedule property by oral as well as documentary evidence and there is no evidence contrary to that.
Judgment Evidence:
In the result, suit is decreed with costs and preliminary decree for partition passed as follows: (1) Plaint schedule property is partiable into three equal parts by metes and bounds.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- C.Santhakumari
- Party Age
- 82
- Relation
- W/o late Ramankutty Nair N
- Party Role
- Plaintiff
- Party Name
- R.S Mini
- Party Age
- 47
- Relation
- W/o R Harikumar
- Party Role
- Defendant
- Party Name
- Manoj V.R.
- Party Age
- 45
- Relation
- S/o late Ramankutty Nair N
Plaintiffs Documents
Copy of death certificate of Ramankutty Nair dated 23.08.2009, Purchase Certificate dated 07.07.1983, Copy of Mutual Exchange Deed No.743/1984 dated 26.03.1984, Copy of property tax receipt dated 29.05.2023, Copy of declaration dated 02.06.2012, Legal heirship certificate No.PV 518/2023 dated 07.06.2023, Property tax receipt dated 05.08.2023, Attested copy of Basic Tax Register, Attested copy of Thandaper Kannakku.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C.R. Sudheesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Sreekant K.S
- Appearance Type
- Assisting Counsel
- Law Firm
- Anayara
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Decree for partition of plaint schedule property.
Evidence:
In such circumstances, there is nothing which prevents the court from granting a decree with respect to the plaint schedule property over which the plaintiffs also have got right, as a co-owners.
Documents & Evidence
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Document establishing the death of the father of the plaintiffs and defendant.
Reference:
Ext.A1
Document Type:
Purchase Certificate
Submitted By:
Plaintiff
Relevance:
Proof of ownership of the property in question.
Reference:
Ext.A2
Document Type:
Mutual Exchange Deed
Submitted By:
Plaintiff
Relevance:
Document related to the transaction involving the property.
Reference:
Ext.A3
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Evidence of tax payment related to the property.
Reference:
Ext.A4
Document Type:
Declaration
Submitted By:
Plaintiff
Relevance:
Legal acknowledgment of rights regarding the property.
Reference:
Ext.A5
Document Type:
Legal heirship certificate
Submitted By:
Plaintiff
Relevance:
Establishing the heirs of the deceased property owner.
Reference:
null
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Additional evidence of tax payment for the property.
Reference:
Ext.A6
Document Type:
Basic Tax Register
Submitted By:
Plaintiff
Relevance:
Document supporting ownership details of the property.
Reference:
Ext.A7
Document Type:
Thandaper Kanakku
Submitted By:
Plaintiff
Relevance:
Supporting document regarding the assessment of the property.
Reference:
Ext.A8
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 C.Santhakumari et al vs Manoj V.R. regarding partition
Case Code Year
Case between C.Santhakumari et al vs Manoj V.R. regarding partition