Case Summary
Sunu S. filed a petition for a final decree of partition of property following a preliminary decree. The defendants, Sumathi and others, did not appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Final decree for partition of property
Case Type
Final Decree Application
Final Judgment
No
The court passed a final decree for partition of the property as per the preliminary decree, allotting specified shares to the plaintiff and defendants.
Why Plaintiff Won:
The court relied on the preliminary decree and the Ext.C1 series for passing the final decree.
The court relied on the preliminary decree and the Ext.C1 series for passing the final decree.
Losing Side's Weaknesses:
The court relied on the preliminary decree and the Ext.C1 series for passing the final decree.
The court relied on the preliminary decree and the Ext.C1 series for passing the final decree.
Supporting Evidence
The learned counsel for the applicant submitted that a final decree can be passed in accordance with the preliminary decree and Ext.C1 series.
Judgment Evidence:
A final decree is passed in accordance with Ext.C1 and Ext.C1(a) as follows: a) Plot marked by the letters 'C D E B C' shown in Ext.C1(a) having an extent of 0.494 cents is allotted to the applicant as her share over the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sunu S.
- Party Age
- 51
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sumathi
- Party Age
- 78
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Thankom
- Party Age
- 56
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Vijayakumar
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Murukan
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kunjumol
- Relation
- W/o
Plaintiffs Documents
Nil
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K. Nagendran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Parties are allowed to take separate and exclusive possession over their respective share by metes and bounds.
Evidence:
Parties are allowed to take separate and exclusive possession over their respective share by metes and bounds by having recourse through execution proceedings.
Relief Type:
Other
Outcome:
Granted
Description:
A final decree is passed in accordance with Ext.C1 and Ext.C1(a).
Evidence:
In the light of finding of point No.(i) a final decree is passed in accordance with Ext.C1 and Ext.C1(a).
Relief Type:
Other
Outcome:
Granted
Description:
Parties directed to remit requisite amount for purchasing stamp paper for engrossing the final decree.
Evidence:
Parties are directed to remit requisite amount for purchasing stamp paper for engrossing the final decree within 3 months from today, failing which records shall be consigned to the record section.
Relief Type:
Other
Outcome:
Granted
Description:
Court directed an authenticated copy of the final decree to be forwarded to the Sub-Registrar.
Evidence:
An authenticated copy of the same shall be forwarded to the Sub-Registrar concerned for their information and necessary action.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The court relied on this document to pass a final decree.
Reference:
Ext.C1
Document Type:
Plan
Submitted By:
Court
Relevance:
The court relied on this document to pass a final decree.
Reference:
Ext.C1(a)
Case Classification
Case Type
Final Decree Application
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
FDA
Case Code Year
2022