Case Summary
The plaintiffs, including Liz Baby, Thushar Baby, and Dhilor Baby, are the heirs seeking a declaration of civil death for their missing relative O.V. Paulose, who has been absent for over 47 years. The defendants, including O.V. Antony, support the plaintiffs' claims.
Judgment Outcome
Judgment Favored
Partial
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The court recognized the absence of O.V. Paulose for more than seven years, justifying the presumption of his death.
The court recognized the absence of O.V. Paulose for more than seven years, justifying the presumption of his death.
Judgment Evidence:
In the result, the suit is decreed in part as follows: It is declared that the plaintiffs and defendants are the legal heirs of O.V Paulose and owner of property covered by document No. 330/2015 of SRO Thrippunithura.
Parties Involved
Plaintiffs
Liz Baby (60 years)
Olangattu, Kumarapuram, Peringala P.O.Pin683565.
Thushar Baby (40 years)
Olangattu, Kumarapuram, Peringala P.O.Pin683565, Now working at No.4 Honey field, Ashford, TN 234 XP, London.
Dhilor Baby (36 years)
Olangattu, Kumarapuram, Peringala P.O., Pin683565 Now working at 8207 Golden Harbour, Missouri City, Texas, USA77459.
Lissy Mathew (56 years)
Kalathur (Olangattu), Irimpananm, Ernakulam682309
Defendants
O.V. Antony (67 years)
Olangattu House, Irimpanam, Ernakulam682 309.
Nisha Antony (61 years)
Olangattu House, Irimpanam, Ernakulam682 309.
Arsha Antony (39 years)
Olangattu House, Irimpanam, Ernakulam682 309.
Abhish Antony (35 years)
Olangattu House, Irimpanam, Ernakulam682 309.
Adhish Antony (30 years)
Olangattu House, Irimpanam, Ernakulam682 309.
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
It is declared that the plaintiffs and defendants are the legal heirs of O.V Paulose and owner of property covered by document No. 330/2015 of SRO Thrippunithura.
Evidence:
the suit is decreed in part as follows: It is declared that the plaintiffs and defendants are the legal heirs of O.V Paulose and owner of property covered by document No. 330/2015 of SRO Thrippunithura.
Documents & Evidence
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Original of death certificate of Leela Varkey issued by Kochi Municipal Corporation.
Reference:
Ext.A1
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Original of death certificate of O.P. Varkey issued by Vadavucode - Puthen Cruz Panchayath.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Original of death certificate of Sosa Varkey issued by Thripunithura Municipality.
Reference:
Ext.A3
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Original of death certificate of Baby O.V. issued by Kizhakkambalam Grama Panchayath.
Reference:
Ext.A4
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Original petition Deed No.330/2015 of SRO Tripunithura.
Reference:
Ext.A5
Document Type:
Legal heirship certificate
Submitted By:
Plaintiff
Relevance:
Original Legal heirship Certificate of Baby O.V., Issued by Kanayannur Taluk.
Reference:
Ext.A6
Document Type:
Gazette Publication
Submitted By:
Plaintiff
Relevance:
Original Gazatte Publication.
Reference:
Ext.A7
Document Type:
Relationship Certificate
Submitted By:
Plaintiff
Relevance:
Original of relationship certificate of Baby O.V. issued by Kunnathunad Village Office.
Reference:
Ext.A8
Document Type:
Death Certificate
Submitted By:
Defendant
Relevance:
Original of death certificate of O.V. Antony issued by Kizhakkambalam Grama Panchayath.
Reference:
Ext.B1
Document Type:
Legal heirship certificate
Submitted By:
Defendant
Relevance:
Original Legal heirship Certificate of O.V. Antony issued by Kanayannur Taluk.
Reference:
Ext.B2