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ORIGINAL SUIT NO.298 OF 2016

Case between Kattayil deceased Ayyappakkutty's Children et al vs Children of deceased Sankaran et al regarding partition

Court
Court of the Munsiff of Tirur
Judge
Smt. VINCY.T.V.,B.A, LL.B., MUNSIFF
Order Date
2017-08-03
Duration
1 year

Judgement document from eCourt website

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Case Summary

The suit involved a partition dispute over property belonging to the legal heirs of Kattayil Karappan. Plaintiffs sought partition after assuming the civil death of two missing legal heirs.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed partition of the property among the legal heirs of Kattayil Ayyappakutty after presuming two missing legal heirs as dead.
Judgment Favored
Plaintiff
Relief Granted
Partition decree dividing property into 108 equal shares among the heirs
Case Type
Partition Suit
Final Judgment
No
Why Plaintiff Won:
The court presumed the missing legal heirs to be dead based on evidence presented and concluded that the partition should proceed among the remaining legal heirs.

Judgment Evidence:

The plaintiffs adduced cogent and reliable evidence to prove their case which remained unchallenged due to defendants remaining ex parte.

Parties Involved

Plaintiffs

Balan (61 years) Purathoor amsom, desom & Post, Pin: 676 102, Tirur Taluk Kumaran (58 years) ... Sreedharan (56 years) ... Vijaya @ Chinna (62 years) Karukathiruthi, Palliparam, Ponnani Taluk Santha (50 years) Kadavanad Post, Ponnani Taluk Gouri (52 years) ... Kalyani (96 years) ... Pushpa (30 years) ... Rathi (28 years) ... Karthiyani (58 years) ...

Defendants

Vinod (36 years) Kattayil House, Thattanpadi, Edappal Post, Ponnani Taluk Pradeep (34 years) ... Sumankala (32 years) ... Sreemathi (Age not specified years) ...

Reliefs

Relief Type: Partition
Outcome: Granted
Description:
Decree of partition granted dividing property into 108 equal shares among the legal heirs
Evidence:
The plaintiffs adduced cogent and reliable evidence which remained unchallenged due to defendants opting to remain ex parte.

Documents & Evidence

Document Type: Certified copy of Order
Submitted By: Plaintiff
Relevance:
Submitted as evidence in the case
Reference:
A1 : 12-10-2007 : Certified copy of Order in AS. 577/1993 & AS. 587/1993 of Honourable High court

Quick Facts

Location
Tirur
Case Filed
Wed, 08/03/2016 - 12:00
Outcome Confidence
100%

Involved Entities

Private Individual

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