Case Summary
This suit is for partition of the plaint B schedule property. The plaintiffs, Harif PN and Ahammed koya PV, allege that they are joint owners of the property along with various defendants who are heirs of deceased family members.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
A preliminary decree is passed for partitioning the plaint B schedule property into 720 shares with specific entitlements to the plaintiffs and defendants.
Why Plaintiff Won:
Losing Side's Weaknesses:
Supporting Evidence
In the absence of any other evidence, this court can come to the conclusion that a preliminary decree is to be passed as contended by the plaintiff.
Judgment Evidence:
a preliminary decree is passed as follows: aThat plaint B schedule property shall be divided into 720 equal shares and plaintiff No. 1 is entitled to get 32 such shares.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Harif PN
- Party Age
- 56
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Ahammed koya PV
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Basheer PN
- Party Age
- 68
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Saleem PN
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jameela PN
- Party Age
- 71
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Fousiya PN
- Party Age
- 64
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Fathima PN
- Party Age
- 62
- Relation
- D/o
Plaintiffs Documents
Certified copy of Joint ozhimuri assignment deed no.2645/1967, Notary attested copy of Decree in OS 58/63 of Additional Sub Court, Kozhikode.
Defendants Documents
Copy of judgment in OS 58/63 of Sub Court, Kozhikode.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.P Krishnakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.BM Shamsudheen
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.P Lillykutty
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.KP Gangadharan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Partly Granted
Description:
Partition of plaint B schedule property.
Evidence:
A preliminary decree is passed stating that plaint B schedule property shall be divided into 720 equal shares.
Documents & Evidence
Document Type:
Joint ozhimuri assignment deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Joint ozhimuri assignment deed executed in favor of Pathumabi and another
Reference:
Ext.A1
Document Type:
Decree
Submitted By:
Plaintiff
Relevance:
Notary attested copy of Decree in OS 58/63 of Additional Sub Court, Kozhikode
Reference:
Ext.A2
Document Type:
Decree
Submitted By:
Plaintiff
Relevance:
Notary attested copy of Decree in OS 58/63 of Additional Sub Court, Kozhikode
Reference:
Ext.A3
Document Type:
Order
Submitted By:
Plaintiff
Relevance:
Copy of order in IA 1299/1966 in OS 58/63 of Additional Sub Court, Kozhikode
Reference:
Ext.A4
Document Type:
Judgment
Submitted By:
Defendant
Relevance:
Copy of judgment in OS 58/63 of Sub Court, Kozhikode
Reference:
Ext.B1
Document Type:
Order
Submitted By:
Defendant
Relevance:
Copy of order in IA 1299/66 in OS 58/63 of Additional Sub Court, Kozhikode
Reference:
Ext.B2
Document Type:
Gift Deed
Submitted By:
Defendant
Relevance:
Copy of Gift deed of SRO, Kozhikode
Reference:
Ext.B3
Document Type:
Release deed
Submitted By:
Defendant
Relevance:
Certified copy of release deed executed by Kunhahammed Koya in favor of Pathummabi and another
Reference:
Ext.B4
Document Type:
Adangal
Submitted By:
Defendant
Relevance:
Adangal issued by Regional Archives, Kozhikode to P Mammed Koya
Reference:
Ext.B5
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Partition of property
Case Code
Case between Harif PN et al vs Basheer PN et al regarding partition
Case Code Year
Case between Harif PN et al vs Basheer PN et al regarding partition