O.S. No. 132/1987

Case between Francisca Lopez et al vs Rosamma @ Josephine et al regarding recovery of possession, set aside documents and injunction

Court

COURT OF MUNSIFF, ERNAKULAM

Judge

Smt. Needi.K.Dinamany

Order Date

2025-10-23

Duration

approximately-38 years

Case Closed

Judgement document from eCourt website

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Case Summary

The case involves a dispute over ownership and possession of property following a preliminary decree of partition. The petitioners allege rights over the property based on a purchase certificate, while the respondents contest this claim.

Judgment Outcome

Defendant Won

Interim Order

The court dismissed the petition claimed by the first petitioner seeking exclusion of a 33 cents property based on a purchase certificate, determining that the petitioner does not have exclusive ownership over the property.

Judgment Favored

Defendant

Relief Granted

Case Type

Civil Suit

Final Judgment

Key Reasoning:
The purchase certificate was deemed to not confer exclusive ownership as it was obtained only as a legal heir.

Why Defendant Won:
The purchase certificate was deemed to not confer exclusive ownership as it was obtained only as a legal heir.

Supporting Evidence

It is evident that though the purchase certificate was issued in favour of first petitioner, she has obtained the same only as a legal heir of Paul Bernard and not in her individual capacity.

Judgment Evidence:

In the result, petition is dismissed with costs.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Francisca Lopez
Party Age: 60
Relation: W/o M C Lopez

Party Role: Plaintiff
Party Name: M C Lopez
Party Age: 62
Relation: S/o Michael Curusaiah

Party Role: Plaintiff
Party Name: Immanuel Ditto
Party Age: 33
Relation: S/o M C Lopez

Party Role: Plaintiff
Party Name: Torik Antony
Party Age: 31
Relation: S/o M C Lopez

Party Role: Plaintiff
Party Name: Sarine Mary
Party Age: 29
Relation: D/o M C Lopez

Party Role: Defendant
Party Name: Rosamma @ Josephine
Party Age: 78
Relation: D/o Mariyam

Party Role: Defendant
Party Name: Mary
Party Age: 74
Relation: D/o Mariyam

Party Role: Defendant
Party Name: Gracy Thomas
Party Age: 71
Relation: W/o Thomas

Party Role: Defendant
Party Name: Stella Jacob
Party Age: 63
Relation: W/o Jacob

Party Role: Defendant
Party Name: E P John
Party Age: 89
Relation: S/o Paily

Plaintiffs Documents

Purchase Certificate No.148/2002, Land tax receipts

Defendants Documents

Authorization letter, Application details

Advocates

Party Role: Plaintiff
Advocate Name: Shiju Varghese
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Balagopalan A
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Dinesh Mathew Murikkan
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: P T Govindan
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: K Viswanathan Nair
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Vinu Chand
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: P K Ravi Sankar
Appearance Type: Main Counsel

Reliefs

Relief Type: Possession

Outcome: Refused

Description:

Petitioner sought to exclude the 33 cents of land from partition proceedings.

Evidence:

Court finds that the petitioner does not have any exclusive ownership over the plaint schedule property.

Relief Type: Injunction

Outcome: Refused

Description:

Petitioner requested an order for exclusion of her claimed land during advocacy.

Evidence:

The petition is liable to be dismissed with costs, indicating injunctive relief is not granted.

Documents & Evidence

Document Type: Purchase Certificate

Submitted By: Plaintiff

Relevance:

Issued under the Right to Information Act, relevant for establishing the petitioner’s claim of ownership.

Reference:

Ext.A4

Document Type: Notice in D Form

Submitted By: Plaintiff

Relevance:

True copy of the Notice with endorsement of the Village Officer, relevant for establishing notice was issued to the landlord.

Reference:

Ext.A2

Document Type: Order in SMP No. 101/1998

Submitted By: Plaintiff

Relevance:

True copy of the order in SMP 101/1998, relevant for establishing the issuance of the purchase certificate.

Reference:

Ext.A3