Case Summary
Neena Anil Kumar filed a suit for partition and separate possession of 6/48 share of the plaint schedule property against Mallika @ Baby and others. The case involves disputes over property rights and shares among family members.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree for partition of the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit and ordered a preliminary decree for partition of the plaint schedule property, awarding the plaintiff 6 shares out of 48 shares. The court also determined the respective shares of the defendants.
Why Plaintiff Won:
The court found the documents produced by the plaintiff authentic and upheld her claim to the specified share.
The court found the documents produced by the plaintiff authentic and upheld her claim to the specified share.
Losing Side's Weaknesses:
The court found the documents produced by the plaintiff authentic and upheld her claim to the specified share.
The court found the documents produced by the plaintiff authentic and upheld her claim to the specified share.
Supporting Evidence
It is essential to note that there is no such pleadings in her written statement... Therefore these issues are found against the defendants and answered accordingly.
Judgment Evidence:
In the result, the suit is decreed and a preliminary decree for partition is passed as follows; 1) The plaint schedule property is divided by metes and bounds into 48 equal shares. Plaintiff is entitled to get 6 shares out of 48 shares.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Neena Anil Kumar
- Party Age
- 42
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Mallika @ Baby
- Party Age
- 58
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sathi
- Party Age
- 52
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Shinu
- Party Age
- 29
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sithara
- Party Age
- 26
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sarojini Amma
- Party Age
- 68
- Relation
- W/o
Plaintiffs Documents
Registration copy of settlement deed No.1459/2003, Copy of Lawyer notice issued by Adv. Benny Joseph to Mallika.
Defendants Documents
Registered Settlement deed No.1459/2003, Certified copy of partition deed No.75/1961, Certified copy of partition deed No.2764/1994.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Benny Joseph
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Razal Rahman
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Juvairia N.V.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Preliminary decree for partition of the plaint schedule property.
Evidence:
Therefore plaint schedule property is liable for partition and the plaintiff is entitled to get 6/48 shares.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Plaintiff claimed share in property based on this deed.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to defendant demanding partition.
Reference:
Ext.A2
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Defendants relied on this document to claim their rights.
Reference:
Ext.B1
Document Type:
Partition Deed
Submitted By:
Defendant
Relevance:
Defendant's claim of partition based on this deed.
Reference:
Ext.B2
Document Type:
Partition Deed
Submitted By:
Defendant
Relevance:
Defendants argued this deed is a sham and not acted upon.
Reference:
Ext.B3
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
Case between Neena Anil Kumar vs Mallika @ Baby et al regarding partition and separate possession
Case Code Year
Case between Neena Anil Kumar vs Mallika @ Baby et al regarding partition and separate possession