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O.S. No.295/2021

Case between Enid D'cruz et al vs Green Joseph Fernandez regarding Partition

Court
MUNSIFF COURT, ERNAKULAM
Judge
Needi.K.Dinamany
Order Date
2025-01-04
Duration
4 years
Case Closed
Sat, 01/04/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Case involving children of late Treesa Fernandez seeking physical partition of property against defendant who claims ownership based on a registered will. Plaintiff seeks equal shares, defendant insists property is indivisible.

Judgment Outcome

Defendant Won
Interim Order
Defendant's ownership upheld based on registered will, plaintiffs' claim for partition dismissed.
Judgment Favored
Defendant
Relief Granted
Case Type
Partition Suit
Final Judgment
No
Defendant's ownership upheld based on registered will, plaintiffs' claim for partition dismissed.
Key Reasoning:
Why Defendant Won:
Supporting Evidence

Judgment Evidence:

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Enid D'cruz
Party Age
76
Relation
W/o Late Alphy D'cruz
Party Role
Plaintiff
Party Name
Joyce Harshan
Party Age
74
Relation
W/o Harshan
Party Role
Plaintiff
Party Name
Harry Fernandez
Party Age
73
Relation
S/o Late Valentine Fernandez
Party Role
Plaintiff
Party Name
Crescentia Fidellis Durando
Party Age
50
Relation
W/o Austin Joseph Durando
Party Role
Plaintiff
Party Name
Troyden D'cruz
Party Age
48
Relation
S/o Alphy D'cruz
Party Role
Defendant
Party Name
Green Joseph Fernandez
Party Age
71
Relation
S/o Valentine Fernandez
Plaintiffs Documents
Kudikidappu Certificate number 85/08 issued to Mrs. Treesa Fernandez from Land Tribunal, Ernakulam
Defendants Documents
Will no. 386/15 of SRO, Ernakulam executed by Mrs. Treesa Fernandez

Advocates

Reliefs

Relief Type: Partition
Outcome: Refused
Description:
Plaintiffs seeking physical partition of property
Evidence:
Suit dismissed as property found not partible based on Ext.B1 will

Documents & Evidence

Document Type: Kudikidappu Certificate
Submitted By: Plaintiff
Relevance:
Evidence of land ownership by Mrs. Treesa Fernandez
Reference:
Ext.A1
Document Type: Will
Submitted By: Defendant
Relevance:
Defendant's evidence of sole ownership based on the will
Reference:
Ext.B1
Document Type: Letter
Submitted By: Plaintiff
Relevance:
Communication from 2nd plaintiff to the defendant
Reference:
Ext.B2

Case Classification

Case Type
Partition Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Enid D'cruz et al vs Green Joseph Fernandez regarding Partition
Case Code Year
Case between Enid D'cruz et al vs Green Joseph Fernandez regarding Partition

Quick Facts

Location
ERNAKULAM
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Thu, 01/14/2021 - 12:00
Case Closed
Sat, 01/04/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Fri, 01/31/2025 - 12:00
Outcome Confidence
80%

Involved Entities

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