Case Summary
The case involves a partition of property originally belonging to Chellappan. The plaintiffs and defendants, being children of Chellappan and Thankamma, sought to divide the inherited property following their parents' intestate deaths.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Final decree for partition of property.
Case Type
Final Decree Application
Final Judgment
No
The final decree application was allowed, and the partition of the property was granted according to the terms agreed upon in the mediation.
Why Plaintiff Won:
The plaintiffs successfully demonstrated their entitlement to a partition of the inherited property pursuant to the preliminary decree.
The plaintiffs successfully demonstrated their entitlement to a partition of the inherited property pursuant to the preliminary decree.
Losing Side's Weaknesses:
The plaintiffs successfully demonstrated their entitlement to a partition of the inherited property pursuant to the preliminary decree.
The plaintiffs successfully demonstrated their entitlement to a partition of the inherited property pursuant to the preliminary decree.
Supporting Evidence
The petitioner has no objection in the commission report and plan submitted by the advocate commissioner. It is satisfied that the advocate commissioner has effected partition in an equitable manner and on the basis of the preliminary decree.
Judgment Evidence:
In the result, Final Decree application is allowed and final decree is passed as follows: (i) the plot shown with alphabets 'DEFGHJTS' to 'D' having an extent of 4 cents 522 sq. links is allotted to the petitioner/1st defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sarojini.K.P
- Party Age
- 60
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Aparna.C.S
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Arjun.S.S
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Geetha
- Party Age
- 57
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Vikraman
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Viswambaran
- Party Age
- 59
- Relation
- S/o
Plaintiffs Documents
None
Defendants Documents
None
Advocates
- Party Role
- Defendant
- Advocate Name
- Sri. Dil Mohan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Beyline Das.Y
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Alex Babu Bunglowil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Final decree application is allowed and final decree is passed for the partition and allocation of respective shares.
Evidence:
In the result, Final Decree application is allowed and final decree is passed as follows: (i) the plot shown with alphabets ‘DEFGHJTS’ to ‘D’ having an extent of 4 cents 522 sq. links is allotted to the petitioner/1st defendant.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The commission report produced by the commissioner after measuring out the property in accordance with the plan attached to the preliminary decree is admitted in evidence.
Reference:
Ext.C1
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
The survey plan prepared by the surveyor appointed by both parties forms part of the decree.
Reference:
Ext.C1(a)
Case Classification
Case Type
Final Decree Application
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.
Case Code Year
2021
Case Flags
Out-of-Court Settlement