Case Summary
The plaintiffs, Ignatius and Augustine Pereira, are brothers who are seeking a mandatory injunction against their brothers, Joseph and Greta Pereira, concerning the distribution of ancestral property. The case arises from disputes over a will and property alienation after the death of their mother.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
1st plaintiff is authorized to comply with the will's directions
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in part, authorizing the 1st plaintiff to comply with the directions of the will deed bequeathed by late Josepha Elma Pereira. No order was made regarding costs.
Why Plaintiff Won:
The plaintiffs succeeded in proving their case by producing relevant documents and evidence.
The plaintiffs succeeded in proving their case by producing relevant documents and evidence.
Losing Side's Weaknesses:
The plaintiffs succeeded in proving their case by producing relevant documents and evidence.
The plaintiffs succeeded in proving their case by producing relevant documents and evidence.
Supporting Evidence
The plaintiffs have succeeded in proving their case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiffs.
Judgment Evidence:
In the result, this suit is decreed in part as follows: (i) The 1st plaintiff is authorized to comply with the directions as bequeathed by late Josepha Elma Pereira in her will deed No.292 of 2012.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ignatius Pereira
- Party Age
- 63
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Augustine Pereira
- Party Age
- 64
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Joseph Pereira
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Greta Pereira
- Party Age
- 58
- Relation
- D/o
Plaintiffs Documents
Certified copy of Will deed No.292/2012 of SRO, Trichy, Death certificate of Josepha Elma Pereira, Sthreedhana Kuri Aadharam having No. 9529/1955, Tax receipt dated 29/03/2008 issued from Kollam East Village
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sankaranarayana Pillai. M. K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Boris Paul
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Authorizing the 1st plaintiff to comply with the directions in the will deed.
Evidence:
The 1st plaintiff is authorize to comply with the directions as bequeathed by late Josepha Elma Pereira in her will deed No.292 of 2012.
Documents & Evidence
Document Type:
Will Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Will deed No.292/2012 which the plaintiffs rely on for their claims.
Reference:
Ext.A1
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death certificate of Josepha Elma Pereira confirming her death.
Reference:
Ext.A2
Document Type:
Sreedhana Kuri Aadhar
Submitted By:
Plaintiff
Relevance:
Document related to ancestral property acquisition.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt providing evidence of property ownership.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Ignatius Pereira et al vs Joseph Pereira et al regarding mandatory injunction
Case Code Year
Case between Ignatius Pereira et al vs Joseph Pereira et al regarding mandatory injunction