Case Summary
The plaintiff, Aswathy Jacob, is seeking a partition of the properties inherited from their deceased parents along with a permanent injunction against the defendants. The defendants, Nisha Philip, Liju Reeba Varghese, and minor Ira Varghese, contest the admissibility of the injunction and the legitimacy of the inheritance.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Preliminary decree for partition, with a share of 1/3 granted to the plaintiff.
Case Type
Civil Suit
Final Judgment
No
The court granted a preliminary decree for partition of properties previously belonging to the deceased K.V. Abraham, ruling that the plaintiffs are entitled to a one-third share. The request for a permanent injunction was denied.
Why Plaintiff Won:
The suit was deemed maintainable and the evidence supported the claims of the plaintiff regarding inheritance.
The suit was deemed maintainable and the evidence supported the claims of the plaintiff regarding inheritance.
Losing Side's Weaknesses:
The suit was deemed maintainable and the evidence supported the claims of the plaintiff regarding inheritance.
The suit was deemed maintainable and the evidence supported the claims of the plaintiff regarding inheritance.
Supporting Evidence
The additional issue is accordingly found against the defendants. Among the plaint schedule properties those which are found to be proved as per Ext.A1 to A3 and which are belonging to K.V Abraham is found to be partible.
Judgment Evidence:
In the result, the suit is decreed in part and preliminary decree for partition is passed as follows: The plaint schedule properties are ordered to be partitioned by metes and bounds into three equal shares which are found to be proved as per Ext.A1 to A3.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Aswathy Jacob
- Party Age
- 57
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Nisha Philip
- Party Age
- 55
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Liju Reeba Varghese
- Party Age
- 47
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Ira Varghese
- Party Age
- 6
- Relation
- D/o
Plaintiffs Documents
Certified copy of Gift deed No.3921/1972, Certified copy of sale deed No.3908/1957, Certified copy of sale deed No. 3462/1951.
Defendants Documents
Will deed written by K.V.Abraham, Agreement.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.Krishnakumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- R.Gaganan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anupama.B
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Kurian Punnoose
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sajan.A.Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Albert Antony
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
The plaint schedule properties are ordered to be partitioned into three equal shares.
Evidence:
The plaint schedule properties are partible and the plaintiff and 1st defendant are entitled to get 1/3 share and 2nd and 3rd defendants are jointly entitled to get 1/3 share in the plaint schedule properties.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Decree for permanent prohibitory injunction for perpetually restraining the defendants from trespassing on the share of the plaint schedule properties.
Evidence:
Hence, I am of the view that plaintiff is not entitled to get a decree for permanent prohibitory injunction as prayed for.
Documents & Evidence
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Gift deed No.3921/1972 of Kaduthuruthy SRO
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No.3908/1957 of Kaduthuruthy SRO
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No.3462/1951 of Kaduthuruthy SRO
Reference:
Ext.A3
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
Certified copy of Judgment in O.S 5/2013 and O.S 334/2012 of Hon'ble Munsiff Court, Vaikom
Reference:
Ext.A4
Document Type:
Decree
Submitted By:
Plaintiff
Relevance:
Certified copy of Decree in O.S 334/2012 of Hon'ble Munsiff Court, Vaikom
Reference:
Ext.A5
Document Type:
Decree
Submitted By:
Plaintiff
Relevance:
Certified copy of Decree in O.S 5/2013 of Hon'ble Munsiff Court, Vaikom
Reference:
Ext.A6
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Original Gift deed No.347/1992 of Thalayolaparambu SRO
Reference:
Ext.A7
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Gift deed No.69/1990 of Thalayolaparambu SRO
Reference:
Ext.A8
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No.1631/2002 of Hon'ble Munsiff Court, Vaikom
Reference:
Ext.A9
Document Type:
Written Statement
Submitted By:
Plaintiff
Relevance:
Certified copy of written statement in O.S 69/2018 of Hon'ble Munsiff Court, Vaikom
Reference:
Ext.A10
Document Type:
Will Deed
Submitted By:
Defendant
Relevance:
Will deed written by K.V.Abraham
Reference:
Ext.B1
Document Type:
Agreement
Submitted By:
Defendant
Relevance:
Agreement
Reference:
Ext.B2
Document Type:
Statement of payment of loan dues
Submitted By:
Defendant
Relevance:
Statement of payment of loan dues in Federal Bank
Reference:
Ext.B3
Document Type:
Notice
Submitted By:
Defendant
Relevance:
Notice sent by the plaintiff
Reference:
Ext.B4
Document Type:
Notice
Submitted By:
Defendant
Relevance:
Notice sent by counsel of plaintiff
Reference:
Ext.B4(a)
Document Type:
Reply Notice
Submitted By:
Defendant
Relevance:
Notice in reply notice sent by the Advocate
Reference:
Ext.B5
Document Type:
Postal receipt
Submitted By:
Defendant
Relevance:
Postal Receipt
Reference:
Ext.B5(a)
Document Type:
Acknowledgment card
Submitted By:
Defendant
Relevance:
Acknowledgment card
Reference:
Ext.B5(b)
Document Type:
Credit voucher
Submitted By:
Defendant
Relevance:
Certified copy of credit voucher Amount mof Rs.5,00,000/-
Reference:
Ext.B6
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Certified copy of receipt amount Rs,50,000/-
Reference:
Ext.B7
Document Type:
Transaction Details
Submitted By:
Defendant
Relevance:
Certified copy of statement of transaction details
Reference:
Ext.B8
Document Type:
Cheque
Submitted By:
Defendant
Relevance:
Certified copy of cheque No.850379
Reference:
Ext.B8(a)
Document Type:
Cheque
Submitted By:
Defendant
Relevance:
Certified copy of cheque No.208269
Reference:
Ext.B8(b)
Document Type:
Cheque
Submitted By:
Defendant
Relevance:
Certified copy of cheque No.008562
Reference:
Ext.B9
Document Type:
Credit voucher
Submitted By:
Defendant
Relevance:
Certified copy of credit voucher
Reference:
Ext.B9(a)
Document Type:
Settlement letter
Submitted By:
Defendant
Relevance:
Certified copy of letter one time settlement filed by Liju Reeba Varghese
Reference:
Ext.B10
Document Type:
65-B Certificate
Submitted By:
Defendant
Relevance:
65-B Certificate
Reference:
Ext.B11
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report filed by Adv. Jithin Bose
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch prepared by Adv. Commissioner is attached along with commission report
Reference:
Ext.C1(a)
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch prepared by Adv. Commissioner is attached along with commission report
Reference:
Ext.C1(b)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Case Code
Case between Aswathy Jacob vs Nisha Philip et al regarding partition and injunction.
Case Code Year
Case between Aswathy Jacob vs Nisha Philip et al regarding partition and injunction.