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OS 491/2016

Case between Suresh Kumar vs Sunilkumar K.K. et al regarding property partition

Court
THE MUNSIFF COURT, VARKALA
Judge
Sri. ARAVIND P.
Order Date
2025-01-30
Duration
approximately-8 years 2 months
Case Code No.
491
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

This case involves Suresh Kumar as the plaintiff and Sunilkumar K.K., Sujitha Bhai, and Sunitha as the defendants. They are involved in a property partition dispute regarding the allocation of shares in certain lands.

Judgment Outcome

Plaintiff Won
Interim Order
The court has passed a final decree allotting specific plots of land to the respective petitioners as per the commission report. The court affirmed that the property shares were allocated equitably.
Judgment Favored
Plaintiff
Relief Granted
Case Type
Final Decree Application
Final Judgment
No
The court has passed a final decree allotting specific plots of land to the respective petitioners as per the commission report. The court affirmed that the property shares were allocated equitably.
Why Plaintiff Won:
The petitioners settled the matter in mediation, and the court found the commission report satisfactory for the allotment of shares.
Losing Side's Weaknesses:
Not available
Supporting Evidence
The advocate commissioner and surveyor filed commission report and survey plan before the court. The petitioners and the respondent have not raised any objection to the commission report and survey plan allotting the shares.

Judgment Evidence:

In the result, final decree is passed as follows:- 1.Plot shown as 'EFIJE' in Ext.C1(a) plan is allotted as the share of the first petitioner/original first respondent. 2.Plot shown as 'FGHIF' in Ext.C1(a) plan is allotted as the share of the second petitioner/original second respondent. 3.Plot shown as 'GBCHG' in Ext.C1(a) plan is allotted as the share of the third petitioner/original third respondent.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Suresh Kumar
Party Age
54
Relation
S/o
Party Role
Defendant
Party Name
Sunilkumar K.K.
Party Age
45
Relation
S/o
Party Role
Defendant
Party Name
Sujitha Bhai
Party Age
50
Relation
D/o
Party Role
Defendant
Party Name
Sunitha
Party Age
40
Relation
D/o
Plaintiffs Documents
Commission Report prepared by Advocate Commissioner Sri. S. Jayakrishnan, Survey Plan prepared by Surveyor R. Sivanandan.
Defendants Documents

Advocates

Party Role
Defendant
Advocate Name
Sri. S. Sunil Kumar
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri. G.R. Bilahari
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Granted
Description:
Final decree passed allotting shares in the property as per the commission report and survey plan.
Evidence:
Considering the facts and circumstances of the petition, parties are directed to suffer their respective costs.

Documents & Evidence

Document Type: Commission Report
Submitted By: Court
Relevance:
This document contains the commission report prepared by Advocate Commissioner Sri. S. Jayakrishnan.
Reference:
Ext.C1
Document Type: Survey Plan
Submitted By: Court
Relevance:
This document contains the survey plan prepared by Surveyor R. Sivanandan.
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
2016

Case Flags

Out-of-Court Settlement

Quick Facts

Location
Varkala, Trivandrum District
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Case Filed
Fri, 01/01/2016 - 12:00
Case Closed
From
Wed, 01/01/2025 - 12:00
To
Wed, 04/30/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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