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O.P No. 4/2019

Case between Komalam et al vs Gopalakrishnan A/s. Sasi et al regarding property settlement

Court
THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2024-08-17
Duration
approximately-6 years 1 month 17 days

Judgement document from eCourt website

Open judgment PDF (eCourt)
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Case Summary

The petitioners, who are the legal heirs of the deceased Balakrishnan, sought to enforce a settlement deed regarding the division of property and payment to the other heirs. The respondents contested the validity of the settlement deed and claimed fraud.

Judgment Outcome

Plaintiff Won
Interim Order
The court permitted the petitioners to deposit Rs.30,000/- as stipulated in the settlement deed. The respondents were allowed to withdraw the amount as per their entitlement.
Judgment Favored
Plaintiff
Relief Granted
Petitioners are permitted to make deposit of Rs.30,000/- payable to the respondents
Case Type
Original Petition
Final Judgment
No
Why Plaintiff Won:
The petitioners, as legal heirs of Balakrishnan, were bound to pay the amount stipulated in the settlement deed and expressed willingness to do so.

Judgment Evidence:

Hence, the petition is allowed as follows: i.The petitioners are permitted to make deposit of Rs.30,000/- payable to the respondents...

Parties Involved

Plaintiffs

Komalam (66 years years) Karakkatu parambil House, Thrikkanarvattom desom, Ernakulam Village Sreelatha, K.B. (44 years years) Keluparambil House, Chirakkakam, Varappuzha P.O. Sreekala.K.B. (38 years years) Kunnathuthereeparambil, Choorakkad, Thripunithura

Defendants

Gopalakrishnan A/s. Sasi (71 years years) Kuthappillyparambil, Near Vinayaka Auditorium, Bhattathirappad Road, Elamkulam desom, Elamkulam Village Rajan A/s Raju (70 years years) South of Vishnu Temple, Chirakkakam desom, Varappuzha Village Saraswathy (66 years years) Mulakkal Parambu, Varapuzha Desom, Varappuzha Village

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Petitioners are permitted to make a deposit of Rs.30,000/- payable to the respondents as per Ext.A1 settlement deed.
Evidence:
The petition is allowed as follows: The petitioners are permitted to make deposit of Rs.30,000/- payable to the respondents (Rs.10,000/- each to the first and second respondent, Rs.5000/- to the third respondent and Rs.5000/- jointly to the fourth to sixth respondents) as per Ext.A1 settlement deed.

Documents & Evidence

Document Type: Settlement Deed
Submitted By: Plaintiff
Relevance:
This document outlines the settlement made by the deceased Raman regarding property distribution and maintenance.
Reference:
Ext.A1
Document Type: Certificate
Submitted By: Plaintiff
Relevance:
This certificate provides evidence of the title granted to Raman regarding the property.
Reference:
Ext.A2
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
This document evidences the sending of notices to the respondents.
Reference:
Ext.A3
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
This document is a true copy of the lawyers' notice sent to the respondents.
Reference:
Ext.A6
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
This document is a true copy of another lawyers' notice sent to the respondents.
Reference:
Ext.A7
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
This document is another true copy of the lawyers' notice sent to the respondents.
Reference:
Ext.A9

Quick Facts

Location
Ernakulam
Case Filed
Tue, 01/01/2019 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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