Case Summary
The case involves a dispute over the partition of property among the heirs of late Bhaskaran. The original plaintiff, Sunilkumar, is seeking a final decree for his share after being set ex parte in the original suit.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the application filed by the 1st and 3rd defendants for passing a final decree, stating that they were set ex parte in the original suit and had not been allotted shares. The court emphasized the necessity for a supplementary preliminary decree for allotment before such a final decree could be granted.
Key Reasoning:
The petitioners were not allotted shares based on the preliminary decree, which is essential for passing a final decree.
The petitioners were not allotted shares based on the preliminary decree, which is essential for passing a final decree.
Why Defendant Won:
The petitioners were not allotted shares based on the preliminary decree, which is essential for passing a final decree.
The petitioners were not allotted shares based on the preliminary decree, which is essential for passing a final decree.
Supporting Evidence
The court noted that without the allotment of shares in favor of petitioners, the final decree cannot be passed.
Judgment Evidence:
Hence this application stands dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sunilkumar
- Relation
- S/o late Bhaskaran
- Party Role
- Plaintiff
- Party Name
- Sasikumari
- Relation
- D/o late Bhaskaran
- Party Role
- Defendant
- Party Name
- Thulaseedharan
- Relation
- S/o late Bhaskaran
- Party Role
- Defendant
- Party Name
- Biju Lal
- Relation
- S/o late Bhaskaran
Plaintiffs Documents
The copy of judgment, The copy of preliminary decree
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Smt. M.K. Valsalakumari
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. D.Ganesh Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Kavitha Ganesh
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Final decree
Outcome:
Refused
Description:
Final decree for 1/8th share each in the property was requested.
Evidence:
Hence the present application for passing of final decree without allotment of shares in the favour of petitioners is not entertainable.
Documents & Evidence
Document Type:
Copy of judgment
Submitted By:
Plaintiff
Relevance:
Marked as the copy of judgment referred to in the preliminary decree.
Reference:
Ext.A1
Document Type:
Copy of Preliminary Decree
Submitted By:
Plaintiff
Relevance:
Marked as the copy of preliminary decree which the case hinges upon.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Sunilkumar et al vs Thulaseedharan et al regarding partition of property
Case Code Year
Case between Sunilkumar et al vs Thulaseedharan et al regarding partition of property