Case Summary
The plaintiffs, Harikumar, Sreekumari, and Bindhu, seek a final decree for partitioning property after a preliminary decree awarded them 3/4 share. The defendant, Sreekumar, remained absent and was set exparte during the proceedings.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Final decree passed allotting shares according to commission report.
Case Type
Final Decree Application
Final Judgment
No
The court granted the petitioners their respective shares of the property as requested. The shares were allocated according to the commission report.
Why Plaintiff Won:
The petitioners were entitled to their shares as per the preliminary decree and the commission report.
The petitioners were entitled to their shares as per the preliminary decree and the commission report.
Losing Side's Weaknesses:
The petitioners were entitled to their shares as per the preliminary decree and the commission report.
The petitioners were entitled to their shares as per the preliminary decree and the commission report.
Supporting Evidence
The plaintiffs are entitled to get 3/4 share over plaint schedule property. No objection was raised to the commission report and survey plans allotting the shares.
Judgment Evidence:
In the result, final decree is passed as follows: 1. The plot shown as 'ABCDA’ in Ext.C1(a)-plan is allotted as the share of the first petitioner. 2. The plot shown as 'ABCDA’ in Ext.C1(b)-plan is allotted as the share of the third petitioner. 3. The plot shown as 'ABEA’ in Ext.C1(c)-plan is allotted as the share of the third petitioner.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Harikumar
- Party Age
- 60
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sreekumari
- Party Age
- 51
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Bindhu
- Party Age
- 49
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sreekumar
- Party Age
- 53
- Relation
- S/o
Plaintiffs Documents
Nil
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. S. Krishnakumar
- Appearance Type
- Main Counsel
- Party Role
- Court
- Advocate Name
- Sri. S. Radhakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Court
- Advocate Name
- Sri. R. Sivanandan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Final decree passed for the allotment of shares in the plaint schedule property.
Evidence:
In the result, final decree is passed as follows: 1.The plot shown as 'ABCDA’ in Ext.C1(a)-plan is allotted as the share of the first petitioner.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Filed by the Advocate Commissioner for preparing the commission report and survey plan.
Reference:
Ext.C1
Document Type:
Survey Plan and Sketch
Submitted By:
Court
Relevance:
Prepared and submitted by the surveyor for allotting shares.
Reference:
Ext.C1(a)
Document Type:
Survey Plan and Sketch
Submitted By:
Court
Relevance:
Prepared and submitted by the surveyor for allotting shares.
Reference:
Ext.C1(b)
Document Type:
Survey Plan and Sketch
Submitted By:
Court
Relevance:
Prepared and submitted by the surveyor for allotting shares.
Reference:
Ext.C1(c)
Document Type:
Survey Plan and Sketch
Submitted By:
Court
Relevance:
Prepared and submitted by the surveyor for allotting shares.
Reference:
Ext.C1(d)
Document Type:
Survey Plan and Sketch
Submitted By:
Court
Relevance:
Prepared and submitted by the surveyor for allotting shares.
Reference:
Ext.C1(e)
Case Classification
Case Type
Final Decree Application
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
Case between Harikumar et al vs Sreekumar regarding metes and bounds partition
Case Code Year
Case between Harikumar et al vs Sreekumar regarding metes and bounds partition