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2025 Supreme(Online)(Ker) 56367

IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
MUHIYUDHEEN – Appellant
Versus
ABDUL HAQUE – Respondent


Advocates:
For the Appellants/Petitioners: M.KRISHNAKUMAR
For the Respondents: K.SHIBILI NAHA, A.LOWSY, SRINATH C.V., GAYATHRI RAJAGOPAL

Table of Content
1. preliminary decree in partition case established. (Para 1 , 2 , 10)
2. arguments on financial contributions and joint ownership rights presented. (Para 3 , 4 , 5)
3. court's analysis of evidence and findings on contributions. (Para 6 , 7 , 8 , 9 , 11 , 12)
4. determining partition rights based on financial contribution. (Para 13)
5. final decision on partition shares issued. (Para 14)

JUDGMENT

This appeal arises out of the preliminary decree in a suit for partition. O.S. No.29 of 2010 on the files of the Munsiff Magistrate, Perinthalmanna, was instituted by the 1st respondent, who is now no more and his legal representatives, impleaded as additional respondents 4 to 8, are prosecuting the case. As per the averments in the plaint, a property, having an extent of 3.55 Acres, was purchased in the name of the plaintiff and the defendants in the year 1984. While so, in the year 1999, the parties attempted to partition the property by executing a registered partition deed No.2514 of 1999. However, the 1st defendant did not sign the said partition deed, and accordingly, that partition was not effected. Later, the plaintiff filed the present suit, O.S. No.29 of 2010 before the

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