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
Judgment Favored
Defendant
Relief Granted
Case Type
Partition Suit
Final Judgment
No
Key Reasoning:
Judgment Evidence:
Parties Involved
Plaintiffs
Enid D'cruz (76 years)
D 505/506, Pink Palace Co-operative Housing Society, Santhoshi Matha Road, Near Vijay Sales Ltd, Kalyan West, Maharashtra, Pin- 421301
Joyce Harshan (74 years)
MRERA- 149, Abhinav Lane, Kottamkavu Temple Road, Vennala P O, Kochi-682028
Harry Fernandez (73 years)
Maliakkal House, Painingalpara, Mulanthuruthy P O, Cochin-682314
Crescentia Fidellis Durando (50 years)
B-13, Holy Cross C H S, Premier Road, Kurla West, Mumbai- 400070, Maharashtra
Troyden D'cruz (48 years)
R H No. 51, Cloud 9, Mohammad Wadi, Sr No. 46, Pune City, Pune- 411060
Defendants
Green Joseph Fernandez (71 years)
Valden Villa, Bolgatty, Mulavukadu P O, Kochi- 682504
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