Case Summary
This case involves a petition for passing a final decree regarding the partition of property among the plaintiffs and defendant. The plaintiffs are seeking to effectuate a division of the property as per a commission report.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Final decree for partition and allotment of property shares
Case Type
Final Decree Application
Final Judgment
No
The court passed a final decree allotting specific plots of land to the plaintiffs as their share of the property. The allotment was based on a commission report and survey plan.
Why Plaintiff Won:
The plaintiffs were entitled to a partition share as per the preliminary decree.
The plaintiffs were entitled to a partition share as per the preliminary decree.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The court found that the allotment of the shares is in equity and ensures that all the four sharers got equal property which also has equal value and amenities.
Judgment Evidence:
In the result, final decree is passed as follows: 1. The plot shown as 'ABCJA' in Ext.C1(a) plan is allotted as the share of the first petitioner. 2. Plot shown as 'CDIJ' in Ext.C1(a) plan is allotted as the share of the second petitioner.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Soorya
- Party Age
- 33
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Suresh
- Party Age
- 69
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sooraj
- Party Age
- 29
- Relation
- S/o
Plaintiffs Documents
Commission Report prepared by Advocate Commissioner Smt. A. Ramees Beevi, Survey Plan prepared by Surveyor R. Sivanandan
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. A.S. Naushad
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. S. Rajeev
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Final decree is passed allotting shares of the property to the petitioners.
Evidence:
Final decree is passed as follows: 1. The plot shown as ‘ABCJA’ in Ext.C1(a) plan is allotted as the share of the first petitioner. 2. Plot shown as 'CDIJ' in Ext.C1(a) plan is allotted as the share of the second petitioner.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The commission report was prepared to effect the metes and bounds partition of the plaint schedule property.
Reference:
Ext.C1
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
The survey plan was prepared to effect the metes and bounds partition of the plaint schedule property.
Reference:
Ext.C1(a)
Case Classification
Case Type
Final Decree Application
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
OS
Case Code Year
2020