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O.S No. 1633/2019

Case between Parvathy vs Arun Das et al regarding a dispute over a will and property

Court
COURT OF THE MUNSIFF, ERNAKULAM
Judge
Sri. Nanda Krishna M.
Order Date
2025-03-29
Duration
approximately-5 years 8 months
Case Closed
Sat, 03/29/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, Parvathy and E.K. Sadanandan, are the widow and son of the deceased Kesavan, respectively. They are contesting the validity of a will claimed by the defendants, who are also children of Kesavan, regarding the distribution of property.

Judgment Outcome

Defendant Won
Interim Order
The court found the will to be valid and dismissed the plaintiffs' suit seeking to enforce the will. The plaintiffs' attempt to claim the property was also denied, and the case for partition in the connected suit was granted.
Judgment Favored
Defendant
Relief Granted
Partition of property into equal shares among plaintiffs and defendants.
Case Type
Civil Suit
Final Judgment
No
The court found the will to be valid and dismissed the plaintiffs' suit seeking to enforce the will. The plaintiffs' attempt to claim the property was also denied, and the case for partition in the connected suit was granted.
Key Reasoning:
The will was executed validly, and the court found no evidence to undermine its authenticity.
Why Defendant Won:
The suit was barred by limitation and lacked sufficient evidence.
Supporting Evidence
The court held that the will was validly executed and showed proper compliance with legal requirements.

Judgment Evidence:

The court decreed that the plaint schedule property is divided into 5 equal shares.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Parvathy
Party Age
81
Relation
W/o
Party Role
Plaintiff
Party Name
E.K.Sadanandan @ Sadan
Party Age
51
Relation
S/o
Party Role
Defendant
Party Name
Arun Das
Party Age
56
Relation
S/o
Party Role
Defendant
Party Name
Shailaja
Party Age
59
Relation
D/o
Party Role
Defendant
Party Name
Sudhikumar
Party Age
57
Relation
S/o
Party Role
Defendant
Party Name
Ponnappan
Party Age
53
Relation
S/o
Plaintiffs Documents
Certified copy of Sale deed no. 272/1968, Certified copy of the death certificate of late E.K.Kesavan.
Defendants Documents
Death Certificate of late E.K.Kesavan, Will registered on 99/2002 of Tripunithura SRO.

Advocates

Party Role
Plaintiff
Advocate Name
K.Narayanan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
S.Shyam
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Harish V.H
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Lisha K.R
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
K.C.Charles
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Renju A.T
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Anand Peter
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Vimal K Charles
Appearance Type
Main Counsel

Reliefs

Relief Type: Partition
Outcome: Granted
Description:
Plaintiff seeks partition of the property into equal shares and specific claims to 1/5th share.
Evidence:
Plaintiff is found entitled for decree of partition restraining the 2nd defendant from alienating or encumbering the plaint schedule property.
Relief Type: Injunction
Outcome: Granted
Description:
Plaintiff seeks a decree of permanent prohibitory injunction restraining 2nd defendant from alienating or encumbering plaintiff's share.
Evidence:
Issue No.4 in O.S.420/2020 is accordingly answered in favour of the plaintiff.
Relief Type: Other
Outcome: Refused
Description:
Plaintiff seeks direction for the first defendant to execute a registered release deed.
Evidence:
The issue is found against the plaintiff.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Certified copy of Sale deed no. 272/1968 of SRO Tripunithura.
Reference:
Ext.A1
Document Type: Death Certificate
Submitted By: Plaintiff
Relevance:
Certified copy of the death certificate of late E.K.Kesavan issued by Tripunithura Municipality.
Reference:
Ext.A2
Document Type: Death Certificate
Submitted By: Defendant
Relevance:
Death Certificate of late E.K.Kesavan issued by Tripunithura Municipality.
Reference:
Ext.B1
Document Type: Will
Submitted By: Defendant
Relevance:
Will registered on 99/2002 of Tripunithura SRO.
Reference:
Ext.B2
Document Type: Oral Evidence
Submitted By: Unknown
Relevance:
Oral depositions from witnesses were provided as evidence.
Reference:

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Hindu Succession Act
Case Code
Case between Parvathy vs Arun Das et al regarding a dispute over a will and property
Case Code Year
Case between Parvathy vs Arun Das et al regarding a dispute over a will and property

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Tue, 01/01/2019 - 12:00
Case Closed
Sat, 03/29/2025 - 12:00
From
Sat, 03/01/2025 - 12:00
To
Mon, 03/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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