Case Summary
Xavier @ Suresh and Valsan @ Banedict are brothers involved in a legal dispute regarding the partition of their shared property. The court has passed a final decree regarding the division of the property into two equal shares.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition of the property into two equal shares.
Case Type
Final Decree Application
Final Judgment
No
The court granted a final decree for partitioning the property into two equal shares allotted to both parties.
Why Plaintiff Won:
The court found in favor of the applicant due to the absence of objections from the respondent and reliance on accepted evidence.
The court found in favor of the applicant due to the absence of objections from the respondent and reliance on accepted evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The respondent was neither present nor represented before the Court on the day of final hearing or the last eight posting dates.
Judgment Evidence:
In the light of finding of point No.(i) a final decree is passed in accordance with Ext.C1 series and Ext.C2 series as follows:... parties are directed to remit requisite amount for purchasing stamp paper for engrossing the final decree within 3 months from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Xavier @ Suresh
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Valsan @ Banedict
- Relation
- S/o
Plaintiffs Documents
Preliminary decree passed on 11/03/2022, Ext.C1 series, Ext.C2 series.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. B. Jayachandran Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Francis Gomez
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
A final decree is passed in accordance with Ext.C1 series and Ext.C2 series.
Evidence:
In the light of finding of point No.(i) a final decree is passed in accordance with Ext.C1 series and Ext.C2 series.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This document was accepted and relied upon for passing the final decree.
Reference:
Ext.C1
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
This document was accepted and relied upon for passing the final decree.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This document was accepted and relied upon for passing the final decree.
Reference:
Ext.C2
Document Type:
Report of Expert Engineer
Submitted By:
Court
Relevance:
This document was accepted and relied upon for passing the final decree.
Reference:
Ext.C2(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.NO.
Case Code Year
2022