Case Summary
Rajesh Balakrishnan, the plaintiff, seeks partition of property and injunction against his sister, her husband, and his mother. The dispute revolves around property inherited from their father.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A preliminary decree for partition of the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court partly allowed the plaintiff's suit, granting a preliminary decree for partition of the property among the parties.
Why Plaintiff Won:
The plaintiff proved entitlement to partition based on the property’s inherited nature and contributions.
The plaintiff proved entitlement to partition based on the property’s inherited nature and contributions.
Losing Side's Weaknesses:
The plaintiff proved entitlement to partition based on the property’s inherited nature and contributions.
The plaintiff proved entitlement to partition based on the property’s inherited nature and contributions.
Supporting Evidence
The case of the plaintiff for partition of the plaint schedule property stands proved by the evidence of PW1, pleadings and the documents marked from his side.
Judgment Evidence:
In the result; the suit is partly decreed as follows: (b) A preliminary decree for partition of the plaint schedule property by metes and bounds is granted.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rajesh Balakrishnan
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sunitha Sundar
- Party Age
- 47
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sundar
- Party Age
- 52
- Relation
- H/o
- Party Role
- Defendant
- Party Name
- Vijaya
- Party Age
- 68
- Relation
- W/o
Plaintiffs Documents
Certified copy of Sale deed No. 2644/1988, Copy of the Ration card No.1101059356, Original Aadhaar card No. 9189 9275 8379, Marriage certificate, Caste Certificate
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Punchakkari. G. Raveendran Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. R. Gokul Raj
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. C.R. Suresh Kumar (Pazhayidom)
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
The plaintiff sought a perpetual injunction against the defendants for their alleged illegal acts.
Evidence:
The prayer for perpetual injunction stands dismissed.
Relief Type:
Partition
Outcome:
Partly Granted
Description:
The plaintiff requested partition of the plaint schedule property.
Evidence:
A preliminary decree for partition of the plaint schedule property by metes and bounds is granted.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Sale deed No. 2644/1988, produced by PW1 to prove ownership of the property.
Reference:
Ext.A1
Document Type:
Ration Card
Submitted By:
Plaintiff
Relevance:
Copy of the Ration card marked to establish identity and residency.
Reference:
Ext.A2
Document Type:
Aadhaar Card
Submitted By:
Plaintiff
Relevance:
Original Aadhaar card marked to verify identity.
Reference:
Ext.A3
Document Type:
Marriage Certificate
Submitted By:
Plaintiff
Relevance:
Marriage certificate marked as additional proof of identity.
Reference:
Ext.A4
Document Type:
Caste Certificate
Submitted By:
Plaintiff
Relevance:
Caste Certificate marked to provide evidence related to personal status.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Partition of property
Case Code
OS.NO.
Case Code Year
2021