Case Summary
Mathew Uthup filed a suit against Holy Family Catholic Church and its trustees seeking to allot a family vault for his deceased parents, which he claims was promised in 1988. The defendants denied any obligation, claiming the suit is barred by limitation and that the plaintiff has no right to a family vault.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Family vault to be provided to the plaintiff.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed, directing the first defendant to provide a family vault to the plaintiff and restraining the defendants from removing the mortal remains of the plaintiff's parents until the vault is provided.
Why Plaintiff Won:
The court found that the plaintiff's father had paid for a family vault which was not granted, and hence the plaintiff is entitled to it.
The court found that the plaintiff's father had paid for a family vault which was not granted, and hence the plaintiff is entitled to it.
Losing Side's Weaknesses:
The court found that the plaintiff's father had paid for a family vault which was not granted, and hence the plaintiff is entitled to it.
The court found that the plaintiff's father had paid for a family vault which was not granted, and hence the plaintiff is entitled to it.
Supporting Evidence
The plaintiff alleged that the defendants threatened that the mortal remains of his parents would be removed without notice as the period of occupancy of the same cell was only for 3 years. The defendants contended that the mortal remains in a common vault can be removed by the Parish. On perusal of the bye-law, it can be seen there is no such provision provided in the bye-law. Hence the defendants are to be restrained from removing the mortal remains.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The 1st defendant is directed to provide family vault to the plaintiff. 2. The defendant shall not remove the mortal remains of the parents of the plaintiff until the family vault is provided to the plaintiff. 3. The plaintiff is entitled to realise the costs from the defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mathew Uthup
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Holy Family Catholic Church
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Joshy
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Benny
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Power of Attorney executed in favour of Mr. Joy Sacharias, Certified copy of letter issued by Fr.George Manjankal, Certified copy of receipt numbered 884 from the Holy Family Church.
Defendants Documents
English Translated copy of order of Pope Pius X, Copy of order in Civil appeal no 10196-10197/2018 of Hon’ble Supreme Court of India.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Santhosh Thomas Kandamchira
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Agi Joseph
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The 1st defendant is directed to provide family vault to the plaintiff.
Evidence:
The 1st defendant is directed to provide family vault to the plaintiff.
Relief Type:
Prohibitory Injunction
Outcome:
Granted
Description:
The defendant shall not remove the mortal remains of the parents of the plaintiff until the family vault is provided.
Evidence:
The defendant shall not remove the mortal remains of the parents of the plaintiff until the family vault is provided.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to realize the costs from the defendants.
Evidence:
The plaintiff is entitled to realize the costs from the defendants.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Executed in favour of Mr. Joy Sacharias by Plaintiff.
Reference:
Ext.A1
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Certified copy of letter issued by Fr. George Manjankal of Holy Family Church.
Reference:
Ext.A2
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Certified copy of receipt numbered 884 for the family vault.
Reference:
Ext.A3
Document Type:
Order
Submitted By:
Defendant
Relevance:
English translated copy of order of Pope Pius X.
Reference:
Ext.B1
Document Type:
Decree
Submitted By:
Defendant
Relevance:
English translated copy of decree 1812/48 by Pope Pius XII.
Reference:
Ext.B2
Document Type:
Order
Submitted By:
Defendant
Relevance:
Copy of order in Civil appeal no 10196-10197/2018 of Hon’ble Supreme Court of India.
Reference:
Ext.B3
Document Type:
Marriage Certificate
Submitted By:
Defendant
Relevance:
Copy of certificate of marriage issued from Lourdes Forane Church, Kottayam.
Reference:
Ext.B4
Document Type:
Request
Submitted By:
Defendant
Relevance:
Request for conducting funeral of O.M. Uthup submitted before the Parish Priest.
Reference:
Ext.B5
Document Type:
Request
Submitted By:
Defendant
Relevance:
Request for conducting funeral of Mrs. Annamma Uthup submitted before the Parish Priest.
Reference:
Ext.B6
Document Type:
Bye-law
Submitted By:
Defendant
Relevance:
Bye-law of the 1st defendant.
Reference:
Ext.B7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report prepared by the Advocate Commissioner regarding the family vault.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of rent
Case Code
Case between Mathew Uthup vs Holy Family Catholic Church et al regarding family vault allotment.
Case Code Year
Case between Mathew Uthup vs Holy Family Catholic Church et al regarding family vault allotment.