Case Summary
The plaintiffs, Narangali Baburaj, Narangali Hariharan, Girija, Geetha, and Sudha, are seeking a partition of property against the defendant N. Sasidharan. The case involves the division of inherited property among the family members.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Property shall be divided into 60 equal shares.
Case Type
Civil Suit
Final Judgment
No
The court passed a preliminary decree for partition of the property among the plaintiffs and the defendant. The property will be divided into equal shares as determined by the court.
Why Plaintiff Won:
The plaint schedule property is partible and should be divided equally.
The plaint schedule property is partible and should be divided equally.
Losing Side's Weaknesses:
The plaint schedule property is partible and should be divided equally.
The plaint schedule property is partible and should be divided equally.
Supporting Evidence
On the basis of above pleadings, issues were framed which were recast as follows: 1.Whether the suit is bad for non joinder of necessary parties? 2.Whether plaint schedule property is partible?
Judgment Evidence:
In the result, preliminary decree is passed as follows: 1. Plaint schedule property shall be divided into 60 equal shares and 5/60 share shall be allotted to each plaintiffs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Narangali Baburaj
- Party Age
- 55
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Narangali Hariharan
- Party Age
- 48
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Girija
- Party Age
- 57
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Geetha
- Party Age
- 50
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Sudha
- Party Age
- 45
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- N. Sasidharan
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vimala
- Party Age
- 75
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Yamuna
- Party Age
- 62
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Prabeesh
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Prabitha
- Party Age
- 33
- Relation
- D/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. E.M. Vijayan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Sunilkumar Basu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The plaintiffs and the defendant are entitled to respective shares of the plaint schedule property.
Evidence:
Plaint schedule property shall be divided into 60 equal shares and 5/60 share shall be allotted to each plaintiffs.
Relief Type:
Possession
Outcome:
Granted
Description:
The 1st defendant is granted a share in the property upon payment of court fees.
Evidence:
Out of the remaining shares 17/60 share shall be allotted to 1st defendant on his payment of court fee.
Relief Type:
Possession
Outcome:
Granted
Description:
Shares will be allotted to supplemental defendants based on their claims and payments of court fees.
Evidence:
1/60 share each shall be allotted to supplemental defendants No.3 to 5 and 9 to 11 and 3/60 shares each shall be allotted to supplemental defendants 6, 7, 8 and 12 on payment of court fee.
Relief Type:
Other
Outcome:
Not Decided
Description:
Reservation of property after valuation will be decided at the final decree stage.
Evidence:
The question of reservation after valuing the property, if any, will be decided at the stage of final decree.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
This document provided evidence of the shares of the property and the rights of the parties involved as per the deed of partition.
Reference:
Ext.A1
Document Type:
Court Order
Submitted By:
Court
Relevance:
This is the court order detailing the judgment and decisions made regarding the partition of the property.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Narangali Baburaj et al vs N. Sasidharan et al regarding partition
Case Code Year
Case between Narangali Baburaj et al vs N. Sasidharan et al regarding partition