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O.S No. 539/2023

Case between Mr.Joseph D’ Souza vs Mr.John D’Souza et al regarding mandatory injunction.

Court
IN THE COURT OF THE I ADDITIONAL MUNSIFF, ERNAKULAM
Judge
Sri. Padmakumar.G.
Order Date
2024-02-16
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Mr. Joseph D' Souza filed a suit against Mr. John D'Souza and Mr. Robert D'Souza regarding compliance with the conditions of a will related to property inheritance. The defendants did not respond to the plaintiff's offers to settle the matter according to the will's instructions.

Judgment Outcome

Plaintiff Won
Interim Order
The suit is decreed by a mandatory injunction directing the defendants to accept the stipulated amount along with interest as per the will. They are required to execute necessary receipts in favour of the plaintiff.
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction directing defendants to accept Rs. 1,500/- along with interest and execute necessary receipts.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed by a mandatory injunction directing the defendants to accept the stipulated amount along with interest as per the will. They are required to execute necessary receipts in favour of the plaintiff.
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.

Judgment Evidence:

In the result, the suit is decreed by a mandatory injunction directing the defendants No.1 & 2 to accept Rs. 1,500/- (Rupees One Thousand Five Hundred Only) along with interest @ 6% per annum from 21-07-1997 as per the direction / stipulation made in the Will.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Mr.Joseph D’ Souza
Party Age
72
Relation
S/o
Party Role
Defendant
Party Name
Mr.John D’Souza
Party Age
90
Relation
S/o
Party Role
Defendant
Party Name
Mr.Robert D’Souza
Party Age
87
Relation
S/o
Plaintiffs Documents
Original will no. 124/1981, Original death certificate of Dominic D’Souza, Original death certificate of Magdalena D’Souza, True copy of lawyer notice, Original AD Card, Returned cover with AD Card, Office copy of the lawyer notice, True copy of the reply of lawyer notice, Returned cover with AD Card.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Paul Dalin
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
P.G.Jerome
Appearance Type
Main Counsel

Reliefs

Relief Type: Mandatory Injunction
Outcome: Granted
Description:
A mandatory injunction directing the defendants to accept the payment and execute necessary receipts.
Evidence:
The suit is decreed by a mandatory injunction directing the defendants No.1 & 2 to accept Rs. 1,500/- along with interest @ 6% per annum from 21-07-1997 as per the direction / stipulation made in the Will.

Documents & Evidence

Document Type: Will
Submitted By: Plaintiff
Relevance:
The will provides the basis for the plaintiff’s claim and stipulates the conditions regarding payment to the defendants.
Reference:
Ext.A1
Document Type: Death Certificate
Submitted By: Plaintiff
Relevance:
Establishes the death of Dominic D'Souza, relevant for the commencement of the will's conditions.
Reference:
Ext.A2
Document Type: Death Certificate
Submitted By: Plaintiff
Relevance:
Establishes the death of Magdalena D'Souza, relevant for the commencement of the will's conditions.
Reference:
Ext.A3
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Notifies the defendants of the plaintiff's intent to pay as per the will's stipulations.
Reference:
Ext.A4
Document Type: AD card
Submitted By: Plaintiff
Relevance:
Evidence of the lawyer notice being sent.
Reference:
Ext.A5
Document Type: Returned Cover
Submitted By: Plaintiff
Relevance:
Evidence of unclaimed notice sent to the defendants.
Reference:
Ext.A6
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Office copy of the notice sent to the defendants regarding payment.
Reference:
Ext.A7
Document Type: Lawyer Notice Reply
Submitted By: Plaintiff
Relevance:
Reply to the lawyer notice from the defendants.
Reference:
Ext.A8
Document Type: Returned Cover
Submitted By: Plaintiff
Relevance:
Evidence of the notice being returned.
Reference:
Ext.A9
Document Type: Death Certificate
Submitted By: Plaintiff
Relevance:
Establishes the death of Antony Paduva, though not directly relevant to the core issue.
Reference:
Ext.A10

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Mr.Joseph D’ Souza vs Mr.John D’Souza et al regarding mandatory injunction.
Case Code Year
Case between Mr.Joseph D’ Souza vs Mr.John D’Souza et al regarding mandatory injunction.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Thu, 02/01/2024 - 12:00
To
Thu, 02/29/2024 - 12:00
Outcome Confidence
95%

Involved Entities

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