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
The court found in favor of the plaintiffs regarding their legal status as heirs, permitting a presumption of the civil death of O.V. Paulose, but did not grant a formal declaration of civil death.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The plaintiffs and defendants are the sole legal heirs of aforementioned O.V. Paulose, and he was not heard for more than 7 years by them or by any of their family members.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Liz Baby
- Party Age
- 60
- Relation
- W/e Late O.V. Baby
- Party Role
- Plaintiff
- Party Name
- Thushar Baby
- Party Age
- 40
- Relation
- S/o Late Baby
- Party Role
- Plaintiff
- Party Name
- Dhilor Baby
- Party Age
- 36
- Relation
- S/o Late Baby
- Party Role
- Plaintiff
- Party Name
- Lissy Mathew
- Party Age
- 56
- Relation
- D/o Late O.P.Varkey
- Party Role
- Defendant
- Party Name
- O.V. Antony
- Party Age
- 67
- Relation
- S/o. Late O.P. Varkey
- Party Role
- Defendant
- Party Name
- Nisha Antony
- Party Age
- 61
- Relation
- W/o. Late O.V. Antony
- Party Role
- Defendant
- Party Name
- Arsha Antony
- Party Age
- 39
- Relation
- W/o. Vijai Joseph
- Party Role
- Defendant
- Party Name
- Abhish Antony
- Party Age
- 35
- Relation
- S/o. O.V. Antony
- Party Role
- Defendant
- Party Name
- Adhish Antony
- Party Age
- 30
Plaintiffs Documents
Death certificate of Leela Varkey, Death certificate of O.P Varkey, Death certificate of Sosa Varkey, Death certificate of Baby O.V, Partition deed No.330/2015, Legal heirship certificate of Baby, Gazette publication, Relationship certificate of Baby O.V.
Defendants Documents
Death certificate of O.V. Antony, Legal heirship Certificate of O.V. Antony
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.B. Sandeep
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Priya B.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- B. Surjith
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Vishal ajayan V.
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Liz Baby et al vs O.V. Antony et al regarding declaration of civil death of O.V. Paulose
Case Code Year
Case between Liz Baby et al vs O.V. Antony et al regarding declaration of civil death of O.V. Paulose