Case Summary
The petitioners, Philomina Rajan and Rajan, are seeking a final decree in a partition case. The respondents include Joy Bai and others, and the case involves allotting shares of property as per the commission report.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Final decree passed allotting shares in the properties
Case Type
Final Decree Application
Final Judgment
No
The court passed a final decree allotting shares in the properties as per the commission report. The petitioners and the first respondent have been allotted their respective shares.
Why Plaintiff Won:
The allotment of shares is in equity and ensures that all the shareholders got equal property which also has equal value and amenities.
The allotment of shares is in equity and ensures that all the shareholders got equal property which also has equal value and amenities.
Losing Side's Weaknesses:
The allotment of shares is in equity and ensures that all the shareholders got equal property which also has equal value and amenities.
The allotment of shares is in equity and ensures that all the shareholders got equal property which also has equal value and amenities.
Supporting Evidence
So this court is of the view that the allotment of the shares is in equity and ensures that all the shareholders got equal property which is also has equal value and amenities.
Judgment Evidence:
In the result, final decree is passed as follows: 1. The plot in 'NMHGIJKQN' in Ext.C1(a)-plan is allotted as the share of the petitioners. 2. The plot in 'POMNP' in Ext.C1(a)-plan is allotted as the share of the first respondent and additional third respondent.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Philomina Rajan
- Party Age
- 60
- Relation
- null
- Party Role
- Plaintiff
- Party Name
- Rajan
- Party Age
- 62
- Relation
- null
- Party Role
- Defendant
- Party Name
- Joy Bai
- Party Age
- 56
- Relation
- null
- Party Role
- Defendant
- Party Name
- Mebel Joybhai
- Party Age
- 46
- Relation
- (Died)
- Party Role
- Defendant
- Party Name
- Nikhitha
- Party Age
- 26
- Relation
- D/o. Mebel Joybhai
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Joy Bhaskar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. D. Anilkumar
- Appearance Type
- Main Counsel
- Party Role
- Court
- Advocate Name
- Sri. P. G. Sukumaran Nair
- Appearance Type
- Government Pleader
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Allotting of shares over the property as per commission report and survey plan.
Evidence:
So a final decree can be passed allotting the shares on the properties stated as per Ext.C1 and C1(a).
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Filed by the Advocate Commissioner for preparing the commission report and survey plan.
Reference:
Ext.C1
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
Prepared by the surveyor and used for allotting shares in the final decree.
Reference:
Ext.C1(a)
Case Classification
Case Type
Final Decree Application
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
Case between Philomina Rajan et al vs Joy Bai et al regarding passing of final decree
Case Code Year
Case between Philomina Rajan et al vs Joy Bai et al regarding passing of final decree