Case Summary
The plaintiffs are Sivadasan, Sathyan, Pradeepan, Radha, Geetha, and Sheeba, who are seeking a partition of the property originally owned by Peravakutty. The defendant is Shibu Adukkkathu, who is residing on a portion of the property and is entitled to a share.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition of property as per the shares specified.
Case Type
Civil Suit
Final Judgment
No
The court declared a preliminary decree for partition of the property, allocating shares to both the plaintiffs and the defendant.
Why Plaintiff Won:
The plaintiffs proved their case with unchallenged evidence.
The plaintiffs proved their case with unchallenged evidence.
Losing Side's Weaknesses:
The plaintiffs proved their case with unchallenged evidence.
The plaintiffs proved their case with unchallenged evidence.
Supporting Evidence
I find that the plaintiffs have proved their case and is entitled to a decree as prayed for.
Judgment Evidence:
In the result, a preliminary decree is passed as follows: 1) That plaint B schedule property shall be divided into 5 equal shares and plaintiffs No.3 to 6 are entitled to get 4/5 share jointly and the defendant is entitled to get 1/5 share over plaint B schedule property. 2) Plaint C schedule property shall be divided into 7 equal shares and the plaintiffs are entitled to get 6/7 share jointly and the defendant is entitled to get 1/7 share over plaint C schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sivadasan
- Party Age
- 64
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sathyan
- Party Age
- 60
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Pradeepan
- Party Age
- 59
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Radha
- Party Age
- 79
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Geetha
- Party Age
- 55
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Sheeba
- Party Age
- 51
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Shibu Adukkkathu
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
Partition Deed no,2369/1976 of SRO, Chathamangalm; Original Jenmam Assignment deed No. 1876/1994 of SRO Chevayur; Original Assignment Deed No 3422/2011 of SRO Chathamangalam; Original Joint right ozhimuri Deed No. 3423/2011 of SRO, Chathamangalam; Original Joint right ozhimuri Deed No. 3424/2011 of SRO, Chathamangalam
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.V.Razal Rahiman
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Preliminary decree for the partition of the plaint B and C schedule properties among the plaintiffs and defendant.
Evidence:
In the result, a preliminary decree is passed as follows: 1) That plaint B schedule property shall be divided into 5 equal shares and plaintiffs No.3 to 6 are entitled to get 4/5 share jointly and the defendant is entitled to get 1/5 share over plaint B schedule property.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
This document is part of the evidence to substantiate the plaintiffs' case regarding the original ownership and partition of the property.
Reference:
Ext.A1
Document Type:
Jenmam assignment deed
Submitted By:
Plaintiff
Relevance:
This document supports the plaintiffs' claim by detailing the original assignment of rights over the property.
Reference:
Ext.A2
Document Type:
Assignment Deed
Submitted By:
Plaintiff
Relevance:
This document further establishes the claims and rights of the plaintiffs over the property.
Reference:
Ext.A3
Document Type:
Joint right ozhimuri Deed
Submitted By:
Plaintiff
Relevance:
This document is relevant for proving the shared rights and partition nature of the property.
Reference:
Ext.A4
Document Type:
Joint right ozhimuri Deed
Submitted By:
Plaintiff
Relevance:
This document also substantiates the claims of ownership and partition among the plaintiffs.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Partition of property
Case Code
Case between Sivadasan et al vs Shibu Adukkkathu regarding partition
Case Code Year
Case between Sivadasan et al vs Shibu Adukkkathu regarding partition