Case Summary
The plaintiffs, Girija, Mohan Raj, and M. Devi, are seeking a partition of property held in co-ownership with the defendants, Komalam and others. The case involves disputes over the ownership shares and claims of illegal transfers.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit for partition was dismissed, as the court found that the property was not partible and the plaintiffs were not entitled to any shares in the property.
Key Reasoning:
The court determined that the plaintiffs' claim was barred by the Law of Limitation and that the property in question was not partible.
The court determined that the plaintiffs' claim was barred by the Law of Limitation and that the property in question was not partible.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The plaintiffs admitted that execution of sale deed in the year 1974. The suit filed in the year 2016 is after 33 years from 1983 and after 26 years from 1990. Therefore the suit is absolutely barred by Law of Limitation.
Judgment Evidence:
In the result, suit is dismissed. No order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Girija
- Party Age
- 54
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Mohan Raj
- Party Age
- 47
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- M. Devi(Died)
- Party Age
- 84
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Komalam
- Party Age
- 70
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Reeja Ramesh
- Party Age
- 42
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Shyju
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rishikesh alias Biju
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Leelavathi
- Party Age
- 70
- Relation
- D/o
Plaintiffs Documents
Certified copy of partition deed No. 2401/1968 of SRO, Chathamangalam, Petition filed by plaintiffs before Legal Service Authority, Kozhikode
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. N. Manoj
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P.K. Sreekumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Deepika Nambiar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Refused
Description:
Claim for partition of the plaint B schedule properties.
Evidence:
In view of the findings in issue Nos’1 to 4 it is found that the plaint B schedule property is not partible.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the co-ownership and allocation of shares in the plaint B schedule property.
Reference:
Ext.A1
Document Type:
Petition
Submitted By:
Plaintiff
Relevance:
This petition was filed before the Legal Service Authority related to the partition request.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Girija et al vs Komalam et al regarding partition
Case Code Year
Case between Girija et al vs Komalam et al regarding partition
Case Flags
Adalath Resolved