Case Summary
Girish .M is the plaintiff seeking partition of property against Sreenivasan.M and several others who are the defendants. The case revolves around the division of property originally owned by their deceased father, M. Raghavan.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit for partition has been dismissed as the court found that the property in question is not partible based on a valid will executed by the deceased.
Key Reasoning:
The court held that the Will executed by the deceased Raghavan was valid and bequeathed the property to the defendants, thus making the property non-partible.
The court held that the Will executed by the deceased Raghavan was valid and bequeathed the property to the defendants, thus making the property non-partible.
Why Defendant Won:
The court held that the Will executed by the deceased Raghavan was valid and bequeathed the property to the defendants, thus making the property non-partible.
The court held that the Will executed by the deceased Raghavan was valid and bequeathed the property to the defendants, thus making the property non-partible.
Supporting Evidence
The Will bearing No.4/III/2014 of SRO, Chathamangalam is a registered document... Hence, it cannot be said that the other legal heirs of Raghavan were unfairly excluded from the Will.
Judgment Evidence:
In the result, Suit is dismissed. No order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Girish .M
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sreenivasan.M
- Party Age
- 63
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vilasini.M
- Party Age
- 60
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Satheesan
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ramesan M
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mallika Premraj
- Party Age
- 52
- Relation
- W/o
Plaintiffs Documents
Notebook with prescription of Raghavan, Certified copy of Janmam sale deed No. 1509/2008 of SRO, Chathamangalam, Snapshot of receipts and documents regarding plaintiff's claims.
Defendants Documents
Registered Will No. 4/III/2014 of SRO, Chathamangalam, Letter written by plaintiff to his father.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P.P. Rajiv Luxman
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.M. Abhilash
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P.K. Sreekumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Anil Kumar Koroth
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Deepika Nambiar
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Possession
Outcome:
Rejected
Description:
Partition of plaint B schedule property into 9 equal shares and separate allotment of 1/9 share to the plaintiff.
Evidence:
Thus, plaintiff is found to be not entitled to 1/9 share in the property in the property as prayed for.
Documents & Evidence
Document Type:
Notebook with prescription
Submitted By:
Plaintiff
Relevance:
Original notebook maintained by Raghavan containing details of the treatments provided by him to various patients.
Reference:
Ext.A1
Document Type:
Certified copy of Janmam sale deed
Submitted By:
Plaintiff
Relevance:
Document No. 1509/2008 of SRO, Chathamangalam establishing ownership of plaint B schedule property.
Reference:
Ext.A2
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Receipt issued by Sree Sadasiva Cultural Centre to the plaintiff.
Reference:
Ext.A3
Document Type:
Cable TC subscription receipt
Submitted By:
Plaintiff
Relevance:
Receipt establishing expenses made by the plaintiff.
Reference:
Ext.A4
Document Type:
Declaration
Submitted By:
Plaintiff
Relevance:
Declaration issued by Head Mistress, AUP School, Kunnamangalam.
Reference:
Ext.A5
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Receipt issued by Friends Jana Sevana Kendram for paying electricity bill.
Reference:
Ext.A6
Document Type:
Medical prescription
Submitted By:
Plaintiff
Relevance:
Prescription by Dr. N. Vijayan.
Reference:
Ext.A7
Document Type:
OP Ticket
Submitted By:
Plaintiff
Relevance:
OP Ticket from primary health centre, Kunnamangalam.
Reference:
Ext.A8
Document Type:
Medical prescription
Submitted By:
Plaintiff
Relevance:
Prescription by Dr. N. Vijayan.
Reference:
Ext.A9
Document Type:
Notebook with prescription
Submitted By:
Plaintiff
Relevance:
Original notebook maintained by Raghavan containing details of the treatments provided by him.
Reference:
Ext.A10
Document Type:
Photograph
Submitted By:
Plaintiff
Relevance:
Photograph related to the case.
Reference:
Ext.A11
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
Series of photographs showing relationship between plaintiff and his parents.
Reference:
Ext.A12 series
Document Type:
Will
Submitted By:
Defendant
Relevance:
Registered Will No. 4/III/2014 of SRO, Chathamangalam, allegedly executed by deceased Raghavan.
Reference:
Ext.B1
Document Type:
Letter
Submitted By:
Defendant
Relevance:
Letter written by the plaintiff to his father.
Reference:
Ext.B2
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Girish .M vs Sreenivasan.M et al regarding partition of property
Case Code Year
Case between Girish .M vs Sreenivasan.M et al regarding partition of property