Case Summary
The plaintiff, Panakkal Mammedkoya, is seeking a partition of family property originally belonging to his mother. The defendants, Fabir and others, have not agreed to partition despite several demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaint schedule property shall be divided into 15 equal shares by metes and bounds.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, granting him a share of the property. The property will be divided into 15 shares, allotting 2/15 to the plaintiff and the remaining to the defendants.
Why Plaintiff Won:
The unrebutted testimony of the plaintiff established his entitlement to a share of the property.
The unrebutted testimony of the plaintiff established his entitlement to a share of the property.
Losing Side's Weaknesses:
The unrebutted testimony of the plaintiff established his entitlement to a share of the property.
The unrebutted testimony of the plaintiff established his entitlement to a share of the property.
Supporting Evidence
The unrebutted testimony of PW1 supported with Ext. A1 and A2 would conclude that the plaint schedule property is a co-ownership property and that plaintiff is entitled to 2/15 shares in it.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. That the plaint schedule property shall be divided into 15 equal shares by metes and bounds and 2/15 shares shall be allotted to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Panakkal Mammedkoya
- Party Age
- 73
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Fabir
- Party Age
- 36
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Famitha
- Party Age
- 33
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Imbichayissabi
- Party Age
- 70
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Imbichaminabi
- Party Age
- 66
- Relation
- D/o
Plaintiffs Documents
Copy of lawyer notice sent by Adv.B.M.Shamsudheen, Acknowledgment card, Postal receipt, Certified copy of Jenmam assignment deed No.1556/94
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.B.M.Shamsudheen
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.V.Razal Rahiman
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.Jyoth.R
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The plaint schedule property shall be divided into 15 equal shares.
Evidence:
In the result, the suit is decreed as follows: 1. That the plaint schedule property shall be divided into 15 equal shares by metes and bounds...
Relief Type:
Costs
Outcome:
Granted
Description:
The defendant shall pay the costs of the suit.
Evidence:
3. The defendant shall pay the costs of the suit.
Relief Type:
Other
Outcome:
Granted
Description:
The suit is converted as FDIA 02/25.
Evidence:
4. The suit is converted as FDIA 02/25 and the parties shall appear before the court on 11.3.2025.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This contains the legal notice sent to the defendants.
Reference:
Ext.A1
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This acknowledges the receipt of the lawyer notice.
Reference:
Ext.A1(a)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This is the postal receipt for the lawyer notice.
Reference:
Ext.A1(b)
Document Type:
Jenmam assignment deed
Submitted By:
Plaintiff
Relevance:
This deed shows the assignment of property from Ussain Koya to Mamukoya.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
Case between Panakkal Mammedkoya vs Fabir et al regarding partition
Case Code Year
Case between Panakkal Mammedkoya vs Fabir et al regarding partition