BEFORE THE HON’BLE MUNISIFF’S COURT

PATHANAMTHITTA
O.S. No. 196 of 2015
BETWEEN
Sirajudeen T S - Plaintiff
AND
Salimkutty T K - Defendant

AFFIDAVIT
I, Salimkutty T K, S/o Kunjukunju Rawther, aged 64 years, residing at Mangalathu
House, Kumbazha Muri, Kulasekharapathy, Pathanamthitta P.O, Pathanamthitta Village,
Kozhencherry Taluk, Pathanamthitta District do hereby Solemnly affirm and states as
follows:-
1. I am the Defendant in the above suit and Petitioner in the accompanying application.
I am conversant with the facts and circumstances of the case and competent to
swear to the contents of this affidavit.

2. The above suit was preferred by the Plaintiff herein seeking partition of Plaint
Schedule properties. It is submitted that as per Preliminary decree dated 13-03-2019,
this Hon’ble Court allowed partition of the Plaint Schedule properties by metes and
bounds into 2 equal shares allowing the one half share to the Plaintiff and another
such one half share to the Defendant. It was also decreed that, myself shall also be
allotted a share each on payment of the requisite Court fee.

3. Subsequently, I have filed an application along with requisite Court fee, before this
Hon’ble Court, seeking passing of a supplementary Preliminary Decree allotting one
half equal share in the Plaint Schedule properties to me and allowing separate
possession of the same. The said application was allotted and a supplementary
Preliminary Decree was passed on

4. A final decree needs to be passed in the above suit in terms of the aforesaid
supplementary Preliminary Decree thereby identifying through survey and
measurement and allotting separate possession of our individual shares of the Plaint
Schedule properties. In the interest of justice, the accompanying application to pass a
final decree in the above suit may kindly be allowed or else the Petitioner will be put
to irreparable injury, loss and damage.

All the facts stated above are true and correct to the best of knowledge, belief and
information.
SALIMKUTTY
DEPONENT

Solemnly affirmed and signed before me by the deponent who is personally known
to me at my office at Pathanamthitta, on this day of 2024
 BEFORE THE HON’BLE MUNISIFF’S COURT

PATHANAMTHITTA

I.A No. of

O.S. No. 196 of 2015

Salimkutty T K
S/o Kunjukunju Rawther,
Mangalathu House,
Kumbazha Muri,
Kulasekharapathy, - Petitioner/ Defendant
Pathanamthitta P.O
Pathanamthitta Village,
Kozhencherry Taluk,
Pathanamthitta District.
AND
.
Sirajudeen T S,
S/o Salimkutty TK,
Mangalathu (Kalluthekkethil) House,
Koovappally P.O,
Koovappally Village,
Kanjirappally Taluk,
Kottayam District - Respondent/ Plaintiff
Repd by his POA Holder,
Sini Mol,
W/o Sirajudeen T S,
Mangalathu (Kalluthekkethil) House,
Koovappally P.O,
Koovappally Village,
Kanjirappally Taluk,
Kottayam District.

PETITION FILED UNDER SECTION 151 OF THE CIVIL PROCEDURE CODE, 1908

For the reasons stated in the accompanying affidavit, it is most humbly prayed that this
Hon'ble court may be pleased to pass a final decree in the above suit by identifying
separate shares through survey and measurement of the Plaint Schedule properties
and allotting separate possession of the Plaint Schedule properties by dividing it into 2
equal shares by metes and bounds and allotting such one half share to the
Petitioner/Defendant to his exclusive possession.

Dated this the 2024

T HARIKRISHNAN
COUNSEL FOR THE PETITIONER