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O.S. No.339/2021

Case between Mini Darwin vs Prasanth et al regarding partition of ancestral property.

Court
THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2025-07-08
Duration
approximately-4 years 5 months
Case Closed
Tue, 07/08/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Mini Darwin, the plaintiff, is claiming partition of ancestral property against her mother-in-law's nephew, Prasanth, and her own son, Dibin. The dispute centers on the legal rights to a property inherited after the death of her husband.

Judgment Outcome

Defendant Won
Interim Order
The suit was dismissed, and the plaintiff was found not entitled to any share in the plaint schedule property. The first defendant is entitled to recover costs from the plaintiff.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit was dismissed, and the plaintiff was found not entitled to any share in the plaint schedule property. The first defendant is entitled to recover costs from the plaintiff.
Key Reasoning:
The plaintiff failed to adequately establish her claim over the property based on the records and laws invoked.
Why Defendant Won:
The plaintiff failed to adequately establish her claim over the property based on the records and laws invoked.
Supporting Evidence
The court found that the plaintiff did not establish her right to the property and that the previous proceedings undermined her claims.

Judgment Evidence:

In the result, the suit is dismissed. The first defendant is entitled to the costs of the suit from the plaintiff.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Mini Darwin
Party Age
51
Relation
W/o. late M.E Darwin
Party Role
Defendant
Party Name
Prasanth
Party Age
40
Relation
S/o. late Subramanian
Party Role
Defendant
Party Name
Dibin Darwin @ Manu
Party Age
26
Relation
S/o. late M.E Darwin
Plaintiffs Documents
Certified copy of Deed No. 4478/2000, Death Certificate issued by Kochi Municipal Corporation, Death Certificate issued by Corporation of Cochin.
Defendants Documents
Certified copy of Order in OP (TP) No. 2/2019, Certified copy of Payment Schedule and Cheque Application No. 47/2019 -2020 in OP No. 2/2019, Certified copy of Execution Petition 116/2020 in OP (TP) 2/2019, Certified copy of Petition in OP (TP) 2/2019, Registered Receipt bearing No. 1569/2020, Will bearing No. 43/2015 (Subject to Objection), Land Tax Receipt issued by Edappally North Village, Property Tax Receipt issued by Kochi Municipal Corporation.

Advocates

Party Role
Plaintiff
Advocate Name
Sadchith P. Kurup
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sibi Karun
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
C.P Anil Raj
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
R. Rajesh
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
C.K Govindan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
L.P Aravindakshan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Siva Suresh
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Athira Vijayan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
B. Sreedevi
Appearance Type
Main Counsel

Reliefs

Relief Type: Partition
Outcome: Refused
Description:
The plaintiff requested for partition of the plaint schedule property.
Evidence:
It is answered that the plaintiff is not entitled to the plaint schedule property as partible as among the parties herein and that the plaintiff is not entitled to any share in the plaint schedule property.
Relief Type: Costs
Outcome: Granted
Description:
The first defendant sought costs of the suit from the plaintiff.
Evidence:
In view of the answers to Issue Nos. I to IV, the suit is dismissed. The first defendant is entitled to the costs of suit from the plaintiff.

Documents & Evidence

Document Type: Deed
Submitted By: Plaintiff
Relevance:
Certified copy of Deed No. 4478/2000 related to the ancestral property partition.
Reference:
Ext.A1
Document Type: Death Certificate
Submitted By: Plaintiff
Relevance:
Death Certificate issued by Kochi Municipal Corporation evidencing the death of the plaintiff's mother-in-law.
Reference:
Ext.A2
Document Type: Death Certificate
Submitted By: Plaintiff
Relevance:
Death Certificate issued by the Corporation of Cochin evidencing the death of the plaintiff's husband.
Reference:
Ext.A3
Document Type: Order
Submitted By: Defendant
Relevance:
Certified copy of Order in OP (TP) No. 2/2019 relevant to the issues in the case.
Reference:
Ext.B1
Document Type: Payment Schedule and Cheque Application
Submitted By: Defendant
Relevance:
Certified copy of Payment Schedule and Cheque Application No. 47/2019 -2020 in OP No. 2/2019.
Reference:
Ext.B2
Document Type: Execution Petition
Submitted By: Defendant
Relevance:
Certified copy of Execution Petition 116/2020 in OP (TP) 2/2019.
Reference:
Ext.B3
Document Type: Petition
Submitted By: Defendant
Relevance:
Certified copy of Petition in OP (TP) 2/2019.
Reference:
Ext.B4
Document Type: Registered Receipt
Submitted By: Defendant
Relevance:
Registered Receipt bearing No. 1569/2020 related to the payment made in OP 2/2019.
Reference:
Ext.B5
Document Type: Will
Submitted By: Defendant
Relevance:
Will bearing No. 43/2015 executed by the plaintiff's mother-in-law, subject to objection.
Reference:
Ext.B6
Document Type: Land Tax Receipt
Submitted By: Defendant
Relevance:
Land Tax Receipt issued by Edappally North Village.
Reference:
Ext.B7
Document Type: Property Tax Receipt
Submitted By: Defendant
Relevance:
Property Tax Receipt issued by Kochi Municipal Corporation.
Reference:
Ext.B8

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Partition Dispute
Case Code
Case between Mini Darwin vs Prasanth et al regarding partition of ancestral property.
Case Code Year
Case between Mini Darwin vs Prasanth et al regarding partition of ancestral property.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Sun, 02/14/2021 - 12:00
Case Closed
Tue, 07/08/2025 - 12:00
From
Tue, 07/01/2025 - 12:00
To
Thu, 07/31/2025 - 12:00
Outcome Confidence
85%

Involved Entities

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