Case Summary
This case involves a partition dispute over property following a preliminary decree. The plaintiffs are seeking to appoint an Advocate Commissioner to measure and divide the suit properties as decreed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Final decree for partition and an equalisation payment of Rs.15,933.34 to the petitioners.
Case Type
Civil Suit
Final Judgment
No
The court accepted the Advocate Commissioner's report and passed a final decree for partition, allotting specific plots of land to the plaintiffs and defendants.
Why Plaintiff Won:
The court determined the Advocate Commissioner's report as reliable for the final decree.
The court determined the Advocate Commissioner's report as reliable for the final decree.
Losing Side's Weaknesses:
The court determined the Advocate Commissioner's report as reliable for the final decree.
The court determined the Advocate Commissioner's report as reliable for the final decree.
Supporting Evidence
The Commissioner reported that the plaint schedule property has an extent of 4.08 cents, which is a garden land with a house in it. Hence, I find that Exts.C1 and C2 are sufficient and reliable to pass a final decree in this case and hence it is accepted.
Judgment Evidence:
In the result, the final decree is passed as follows:- 1.That plot A in Ext. C2 plan lying in Re survey No.698/2 in Kalathinkunnu desom of Kasaba village of Kozhikode Taluk having an extent of 1.36 cents shall be allotted towards the share of the Petitioners jointly and the right, title and interest of the same shall vest with them and they can enjoy and possess the same as their own.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Durga Devi
- Party Age
- 63
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Bindya
- Party Age
- 38
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Sandya
- Party Age
- 36
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Kasthuri Bai
- Party Age
- 73
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Ramani Bai
- Party Age
- 69
- Relation
- W/o
Plaintiffs Documents
Preliminary decree for partition dated 19.08.2023, Commissioner report with plan filed by Adv. Jyothi.R.
Defendants Documents
Counter filed stating the property is not partible.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.M.J.Sebastian
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.K.C.Raveendran Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.T.S.Sajith Kumar
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Final decree passed for partition of property between plaintiffs and defendants.
Evidence:
Hence, I find that Exts.C1 and C2 are sufficient and reliable to pass a final decree in this case and hence it is accepted.
Relief Type:
Payment
Outcome:
Granted
Description:
Respondents are directed to pay an equalization amount of Rs. 15,933.34/- to the petitioners.
Evidence:
That the respondents shall jointly pay an equalisation amount of Rs.15,933.34/- to the petitioners.
Documents & Evidence
Document Type:
Commission Report with Plan
Submitted By:
Court
Relevance:
Filed by Advocate Jyothi R to measure the decree schedule property and propose division.
Reference:
Ext.C1
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
Prepared by M.K. Mohan Kumar, Surveyor, to illustrate the division of the property.
Reference:
Ext.C2
Document Type:
Valuation report with plan and photos
Submitted By:
Court
Relevance:
Provided valuation details to support the division of the property.
Reference:
Ext.C3
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
O.S.
Case Code Year
2020