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
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