Case Summary
The case involves a partition suit filed by Sarojini.K.P and her children against Vikraman and Viswambaran. The suit sought to divide the property originally belonging to their deceased father, Chellappan.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Partition Suit
Final Judgment
No
The court allowed the final decree application for the partition of property among the parties as per the mediation agreement. It detailed the property shares allocated to each party based on the agreement.
Why Plaintiff Won:
The suit was decreed based on a mediation agreement that was accepted by all parties.
The suit was decreed based on a mediation agreement that was accepted by all parties.
Losing Side's Weaknesses:
The suit was decreed based on a mediation agreement that was accepted by all parties.
The suit was decreed based on a mediation agreement that was accepted by all parties.
Supporting Evidence
The court 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 1st petitioner/1st defendant. (ii) The 2nd petitioner/2nd defendant is allotted with property shown with alphabets ‘ABCRU’ to ‘A’ having extent of 3 cents 756 sq. links.
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
Mediation agreement, Commission report
Defendants Documents
Not mentioned
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 is passed for the parties to obtain their respective shares of the property.
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 1st petitioner/1st defendant. (ii) The 2nd petitioner/2nd defendant is allotted with property shown with alphabets ‘ABCRU’ to ‘A’ having extent of 3 cents 756 sq. links. (iii) The property shown with alphabets ‘CDSQRC’ having an extent of 2 cents 026 sq. links is allotted to 3rd defendant. (iv) The property shown with alphabets ‘JKLOPQST’ to ‘J’ having an extent of 3 cents 756 sq. links is allotted to plaintiffs.
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:
A survey plan prepared by both parties which forms part of the decree is marked as Ext.C1(a).
Reference:
Ext.C1(a)
Case Classification
Case Type
Partition Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Sarojini.K.P vs Vikraman et al regarding partition of property
Case Code Year
Case between Sarojini.K.P vs Vikraman et al regarding partition of property
Case Flags
Out-of-Court Settlement