Case Summary
The plaintiffs are Madayi Usha and Madayi Meenakumari, and the defendants include Madayi Sivanandan and others regarding the partition of certain properties. The suit seeks to divide the ownership of properties inherited from their parents.
Judgment Outcome
Judgment Favored
Partial
Relief Granted
Plaintiffs and defendants are entitled to get separate allotment of their shares in the plaint B schedule property.
Case Type
Original Suit
Final Judgment
No
The suit is decreed in part, granting plaintiffs and defendants specific shares in the plaint B schedule property. They are entitled to separate allotment of their shares.
Key Reasoning:
Plaintiffs are entitled to shares based on the ownership of the plaint B schedule property.
Plaintiffs are entitled to shares based on the ownership of the plaint B schedule property.
Losing Side's Weaknesses:
Plaintiffs are entitled to shares based on the ownership of the plaint B schedule property.
Plaintiffs are entitled to shares based on the ownership of the plaint B schedule property.
Supporting Evidence
Therefore the plaint B schedule property is partible. As per the contentions of the plaintiffs and defendant Nos’6 and 7 the plaintiffs and defendant Nos’1 to 5 are entitled to get 4/36 shares each.
Judgment Evidence:
In the result, suit is decreed in part and a preliminary decree is passed as follows: Plaintiffs are entitled to get 1/9 share each in the plaint B schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Madayi Usha
- Party Age
- 58
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Madayi Meenakumari
- Party Age
- 52
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Madayi Sivanandan
- Party Age
- 71
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Madayi Sadanandan
- Party Age
- 68
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Madayi Nithyanandan
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Madayi Chithanandan
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Madayi Subha
- Party Age
- 61
- Relation
- D/o
Plaintiffs Documents
Certified copy of sale deed No. 977/43 of SRO, Kozhikode, Death certificate in the name of Sudha Jayan, Copy of lawyer notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Krishnakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Dineshan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sanjeevan Parakkal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Dhanesh.S.J
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P. Dineshan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Preliminary decree for partition of plaint B schedule property among the plaintiffs and defendants.
Evidence:
In the result, suit is decreed in part and a preliminary decree is passed as follows: 1. Plaintiffs are entitled to get 1/9 share each in the plaint B schedule property.
Relief Type:
Partition
Outcome:
Granted
Description:
Defendant Nos’1 to 5 entitled to get 1/9 share each in plaint B schedule property on payment of court fees.
Evidence:
Defendant Nos’1 to 5 are entitled to get 1/9 share each in plaint B schedule property on payment of court fees.
Relief Type:
Partition
Outcome:
Granted
Description:
Defendant Nos’6 and 7 entitled to get 1/9 share in plaint B schedule property on payment of court fees.
Evidence:
Defendant Nos’6 and 7 are jointly entitled to get 1/9 share in plaint B schedule property on payment of court fees.
Relief Type:
Partition
Outcome:
Granted
Description:
Defendant Nos’8 to 11 entitled to get 1/9 shares in plaint B schedule property on payment of court fees.
Evidence:
Defendant Nos’8 to 11 are jointly entitled to get 1/9 shares in plaint B schedule property on payment of court fees.
Relief Type:
Other
Outcome:
Granted
Description:
Separate allotment of shares for all parties.
Evidence:
Plaintiffs and defendants are entitled to get separate allotment of their shares.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No. 977/43 of SRO, Kozhikode showing the absolute ownership of the plaint B schedule property.
Reference:
Ext.A1
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death certificate in the name of Sudha Jayan.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice related to the partition.
Reference:
Ext.A3
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Postal receipts (11 Nos) related to communications for partition.
Reference:
Ext.A3(a) to A3(a)(10)
Document Type:
Acknowledgement Cards
Submitted By:
Plaintiff
Relevance:
Acknowledgement cards (11 Nos) received in connection with the partition matter.
Reference:
Ext.A3(b) to A3(b)(10)
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Reply notice sent by defendant 5.
Reference:
Ext.A4
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Reply notice sent by Defendant 6.
Reference:
Ext.A5
Case Classification
Case Type
Original Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Partition of property
Case Code
Case between Madayi Usha et al vs Madayi Sivanandan et al regarding partition of properties
Case Code Year
Case between Madayi Usha et al vs Madayi Sivanandan et al regarding partition of properties