Case Summary
The plaintiff Ramesan seeks a partition of the ancestral property claimed jointly with the defendants, who are siblings. The case arises from disputes over the joint possession and ownership of property following the death of their mother.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A preliminary decree for partition of the plaint schedule property by metes and bounds is granted.
Case Type
Civil Suit
Final Judgment
No
The court granted a preliminary decree for partition of the property, awarding shares to the plaintiff and defendants. The court ordered to demarcate and assign possession of their respective shares.
Why Plaintiff Won:
The plaintiff has proven that there is a divisible interest that has not been partitioned in the plaint schedule property.
The plaintiff has proven that there is a divisible interest that has not been partitioned in the plaint schedule property.
Losing Side's Weaknesses:
The plaintiff has proven that there is a divisible interest that has not been partitioned in the plaint schedule property.
The plaintiff has proven that there is a divisible interest that has not been partitioned in the plaint schedule property.
Supporting Evidence
The plaintiff has proven that there is a divisible interest that has not been partitioned in the plaint schedule property.
Judgment Evidence:
In the result; the suit is decreed as follows: (a) A preliminary decree for partition of the plaint schedule property by metes and bounds is granted. (b) The plaintiff and the defendants 1 to 4 are entitled to get 1/6 shares each over plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ramesan
- Party Age
- 61
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- Sujatha
- Party Age
- 65
- Relation
- D/o.
- Party Role
- Defendant
- Party Name
- Gireeshan
- Party Age
- 63
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- Satheeshan
- Party Age
- 63
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- Ramani
- Party Age
- 58
- Relation
- D/o.
- Party Role
- Defendant
- Party Name
- Nirmala
- Party Age
- 55
- Relation
- W/o.
Plaintiffs Documents
Original Partition deed No. 4096/2007, Tax receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Suma Devi O (Legal Aid)
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. R.S. Anoop Chandran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. M.S. Manish
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Kadakampally K. Jayakumaran Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A preliminary decree for partition of the plaint schedule property by metes and bounds is granted.
Evidence:
the suit is decreed as follows: (a) A preliminary decree for partition of the plaint schedule property by metes and bounds is granted.
Relief Type:
Possession
Outcome:
Granted
Description:
The plaintiff and the defendants 1 to 4 are entitled to get 1/6 shares each over plaint schedule property.
Evidence:
the plaintiff and the defendants 1 to 4 are entitled to get 1/6 shares each over plaint schedule property.
Relief Type:
Possession
Outcome:
Granted
Description:
The plaintiff, the 4th defendant and defendants 5 to 7 are entitled to be put in separate possession of their share demarcated in the final decree.
Evidence:
the plaintiff, the 4th defendant and defendants 5 to 7 are entitled to be put in separate possession of their share demarcated in the final decree.
Relief Type:
Possession
Outcome:
Granted
Description:
The defendants 1, 2 and 3 are entitled to be put in separate possession of their shares upon payment of requisite court fee.
Evidence:
The defendants 1, 2 and 3 are entitled to be put in separate possession of their shares upon payment of requisite court fee.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of the partition arrangements made concerning the family property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document establishes that the plaintiff and defendants are co-owners and jointly pay land tax for the property.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2015