Case Summary
The plaintiff, Janin, is involved in a suit for partition of inherited property. The defendants are Asokan, Binod, Gopikumar, and Sathyaseelan, who are also related to the property in question.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Civil death of the third defendant is hereby declared. Plaintiff is entitled to various shares in the property.
Case Type
Civil Suit
Final Judgment
No
The court declared the civil death of the third defendant and ordered a partition of the property among the parties as per their rightful shares.
Why Plaintiff Won:
The evidence presented by the plaintiff was unrebutted and clearly established his claims.
The evidence presented by the plaintiff was unrebutted and clearly established his claims.
Losing Side's Weaknesses:
The evidence presented by the plaintiff was unrebutted and clearly established his claims.
The evidence presented by the plaintiff was unrebutted and clearly established his claims.
Supporting Evidence
On going through the pleadings in the plaint along with proof affidavit filed by PW1, this court is of the view that plaintiff has proved his case. There is no challenging evidence from the part of the defendants.
Judgment Evidence:
In the result, a preliminary decree is passed as follows: - 1.Civil death of the third defendant is hereby declared. 2.Plaintiff is entitled to get 1/3 share in the plaint A schedule property...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Janin
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Asokan
- Party Age
- 68
- Relation
- H/o
- Party Role
- Defendant
- Party Name
- Binod
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Gopikumar
- Party Age
- 67
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sathyaseelan
- Party Age
- 34
- Relation
- S/o
Plaintiffs Documents
Original Saledeed No. 433/1973, Original Settlement deed No. 796/1992, Certified copy of Saledeed No. 270/2003, Death Certificate of N. Soudamini, Death Certificate of G. Umadevi
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sureshkumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Civil death of the third defendant is declared.
Evidence:
In the result, a preliminary decree is passed as follows: - Civil death of the third defendant is hereby declared.
Relief Type:
Partition
Outcome:
Granted
Description:
Plaintiff is entitled to various shares in the properties.
Evidence:
Plaintiff is entitled to get 1/3 share in the plaint A schedule property, 1/5 share in plaint B schedule item 1 to 3 properties...
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Original Sale deed No. 433/1973 of Kadakkavoor SRO dated 7/4/1973.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Original Settlement deed No. 796/1992 of Kadakkavoor SRO dated 15/6/1992.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No. 270/2003 of Kadakkavoor SRO dated 11/2/2003.
Reference:
Ext.A3
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death Certificate of N. Soudamini issued by Kadakkavoor Gramapanchayath dated 27/11/2015.
Reference:
Ext.A4
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death Certificate of G. Umadevi issued by Kochin Corporation dated 14/2/2014.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Partition of property
Case Code
Case between Janin vs Asokan, Binod, Gopikumar, Sathyaseelan regarding partition
Case Code Year
Case between Janin vs Asokan, Binod, Gopikumar, Sathyaseelan regarding partition