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OS. No. 916/2018

Case between Kunjumol et al vs Jancy et al regarding setting aside documents and partition

Court
COURT OF THE ADDITIONAL MUNSIFF, KOLLAM
Judge
Smt. Sofia.T.A.
Order Date
2025-07-30
Duration
approximately-6 years 11 months 16 days
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, Kunjumol and Lissy, are seeking to set aside specific documents related to property and partition it. The defendants include Jancy and others, who contest the plaintiffs' claims over the property.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the suit brought by the plaintiffs against the defendants, upholding the defendants' claims to the property in question.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit brought by the plaintiffs against the defendants, upholding the defendants' claims to the property in question.
Key Reasoning:
The court found the plaintiffs' claim to be barred by the law of limitation and lacking sufficient evidence.
Why Defendant Won:
The court found the plaintiffs' claim to be barred by the law of limitation and lacking sufficient evidence.
Supporting Evidence
The plaintiffs did not produce any independent evidence to establish their right over the plaint schedule property, while the defendants demonstrated valid ownership through registered documents.

Judgment Evidence:

In the result, the suit is dismissed with costs to the defendants.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Kunjumol
Party Age
48
Relation
D/o
Party Role
Plaintiff
Party Name
Lissy
Party Age
42
Relation
D/o
Party Role
Defendant
Party Name
Jancy
Party Age
52
Relation
D/o
Party Role
Defendant
Party Name
Philomina
Party Age
46
Relation
D/o
Party Role
Defendant
Party Name
Rajan
Party Age
40
Relation
S/o
Party Role
Defendant
Party Name
Emi
Party Age
30
Relation
D/o
Party Role
Defendant
Party Name
Minimol
Party Age
28
Relation
D/o
Plaintiffs Documents
Settlement deed No.3590/2001, Settlement deed No.1412/2018, Copy of Ration Card, Copy of Adhar Card
Defendants Documents
Copy of certificate (kudikidappu), Copy of will deed No.59/1991, Tax receipt, Order of the Secretary, Kollam Municipal Corporation, Tax receipt, Building Tax receipt, Demand disconnection notice issued from Kerala Water Authority

Advocates

Party Role
Plaintiff
Advocate Name
Mathew Johnson
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Benoy
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Navajoth.S
Appearance Type
Main Counsel

Reliefs

Relief Type: Partition
Outcome: Refused
Description:
The plaintiffs sought partition of the property.
Evidence:
Issue No.3 and 4: On the above discussions, it is clear that the plaint schedule property is not partiable. Issues found accordingly.
Relief Type: Injunction
Outcome: Refused
Description:
The plaintiffs sought to restrain the defendants from evicting them from the plaint scheduled property.
Evidence:
Hence, the suit is liable to be dismissed.

Documents & Evidence

Document Type: Settlement Deed
Submitted By: Plaintiff
Relevance:
Certified copy of settlement deed No.3590/2001 was marked to support the plaintiffs' claim.
Reference:
Ext.A1
Document Type: Settlement Deed
Submitted By: Plaintiff
Relevance:
Certified copy of settlement deed No.1412/2018 was marked to support the plaintiffs' claim.
Reference:
Ext.A2
Document Type: Ration Card
Submitted By: Plaintiff
Relevance:
Copy of Ration Card was marked after comparing with original.
Reference:
Ext.A3
Document Type: Aadhar Card
Submitted By: Plaintiff
Relevance:
Copy of Aadhar Card was marked after comparing with original.
Reference:
Ext.A4
Document Type: Certificate (Kudikidappu)
Submitted By: Defendant
Relevance:
Copy of certificate issued from Addl. Land Tribunal, Kollam was marked subject to proof.
Reference:
Ext.B1
Document Type: Will Deed
Submitted By: Defendant
Relevance:
Copy of will deed No.59/1991 was marked subject to proof.
Reference:
Ext.B2
Document Type: Tax receipt
Submitted By: Defendant
Relevance:
Tax receipt dated 28.09.2018 was marked.
Reference:
Ext.B3
Document Type: Municipal Corporation Order
Submitted By: Defendant
Relevance:
Order stating possession of building dated 16.10.2018 was marked.
Reference:
Ext.B4
Document Type: Tax receipt
Submitted By: Defendant
Relevance:
Tax receipt dated 27.07.2018 was marked.
Reference:
Ext.B5
Document Type: Building Tax Receipt
Submitted By: Defendant
Relevance:
Building tax receipt dated 27.08.2018 was marked.
Reference:
Ext.B6
Document Type: Disconnection Notice
Submitted By: Defendant
Relevance:
Demanded disconnection notice issued from Kerala Water Authority dated 17.09.2018 was marked.
Reference:
Ext.B7
Document Type: Thandaper Register
Submitted By: Unknown
Relevance:
True copy of relevant page of Thandaper Register, showing that the property is owned by Karmali.
Reference:
Ext.X1
Document Type: Thandaper Register
Submitted By: Unknown
Relevance:
True copy of relevant page of Thandaper Register, showing that the property is owned by Jancy.
Reference:
Ext.X2
Document Type: Thandaper Register
Submitted By: Unknown
Relevance:
True copy of relevant page of Thandaper Register, showing that the property is owned by Minimol.
Reference:
Ext.X3

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Kunjumol et al vs Jancy et al regarding setting aside documents and partition
Case Code Year
Case between Kunjumol et al vs Jancy et al regarding setting aside documents and partition

Quick Facts

Location
Kollam
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Case Filed
Mon, 07/30/2018 - 12:00
Case Closed
From
Tue, 07/01/2025 - 12:00
To
Sun, 08/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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