Case Summary
The plaintiffs, children of Late Sri. Thankappan and Late Smt. Nalini, are contesting the validity of a Will executed by their father in favor of some defendants. They seek to set aside the Will and obtain a partition of the property.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found that the plaintiffs failed to prove their claims regarding the Will's fraudulent execution. Consequently, the suit was dismissed.
Key Reasoning:
The plaintiffs did not produce sufficient evidence to challenge the validity of the Will.
The plaintiffs did not produce sufficient evidence to challenge the validity of the Will.
Why Defendant Won:
The plaintiffs did not produce sufficient evidence to challenge the validity of the Will.
The plaintiffs did not produce sufficient evidence to challenge the validity of the Will.
Supporting Evidence
The plaintiffs have admitted the Will; however, they have raised allegations with respect to suspicious circumstances in its execution which they failed to substantiate.
Judgment Evidence:
In the result, the suit is dismissed. No order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Chandran.T
- Party Age
- 60
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Suresh
- Party Age
- 57
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Raju
- Party Age
- 54
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Biju
- Party Age
- 44
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sheela @ Jalaja Kumari
- Party Age
- 52
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Neena.J
- Party Age
- 25
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Jyothi
- Party Age
- 46
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Chandana
- Party Age
- 19
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Manikandan
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Certified Copy of Partition Deed No.643/1986, Certified Copy of Gift Deed No.3470/98, Copy of Death Certificate of Sri.Thankappan, Copy of Death Certificate of Smt.Nalini, Certified Copy of Will Deed No.22/2012
Defendants Documents
Certified Copy of Plaint in OS No.1537/2018, Copy of Plaint Schedule Property in OS No.1537/2018
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. S.Binu kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Muttada S. Asok Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.Aysha.R.S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
The plaintiffs sought a decree of permanent prohibitory injunction.
Evidence:
I am not inclined to allow the reliefs sought for by the plaintiffs.
Relief Type:
Declaration
Outcome:
Refused
Description:
The plaintiffs sought to set aside the Will deed No.22/2012.
Evidence:
The plaintiffs have miserably failed to prove that there exists vitiating circumstance in execution of Ext.A4 deed and therefore I am not inclined to allow the reliefs sought for by the plaintiffs.
Relief Type:
Possession
Outcome:
Refused
Description:
The plaintiffs sought partition of the scheduled property.
Evidence:
Hence suit dismissed.
Documents & Evidence
Document Type:
Certified Copy of Partition Deed
Submitted By:
Plaintiff
Relevance:
The certified copy of partition deed is marked to establish the ownership of the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Certified Copy of Gift Deed
Submitted By:
Plaintiff
Relevance:
The certified copy of gift deed is marked to show the transfer of 7.66 cents of property among the plaintiffs and the 1st defendant.
Reference:
Ext.A2
Document Type:
Copy of Death Certificate
Submitted By:
Plaintiff
Relevance:
The copy of the death certificate of Sri. Thankappan is marked to prove his death on 28/09/2014.
Reference:
Ext.A3
Document Type:
Copy of Death Certificate
Submitted By:
Plaintiff
Relevance:
The copy of the death certificate of Smt. Nalini is marked to establish her death on 29/06/2018.
Reference:
Ext.A3(a)
Document Type:
Certified copy of Will Deed
Submitted By:
Plaintiff
Relevance:
The certified copy of the Will deed is marked to challenge its validity based on allegations of fraud.
Reference:
Ext.A4
Document Type:
Certified copy of Plaint
Submitted By:
Defendant
Relevance:
The certified copy of plaint in OS No.1537/2018 is marked to show ongoing litigation regarding the same property.
Reference:
Ext.B1
Document Type:
Copy of Plaint Schedule Property
Submitted By:
Defendant
Relevance:
The copy of plaint schedule property in OS No.1537/2018 is marked to confirm the details of the property in dispute.
Reference:
Ext.B2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2018