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
Judgment Favored
Defendant
Relief Granted
Partition of property into equal shares among plaintiffs and defendants.
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The will was executed validly, and the court found no evidence to undermine its authenticity.
The will was executed validly, and the court found no evidence to undermine its authenticity.
Judgment Evidence:
The court decreed that the plaint schedule property is divided into 5 equal shares.
Parties Involved
Plaintiffs
Parvathy (81 years years)
Ezhukandathil, P.O.Eroor, Nadama village, Kanayannur Taluk, Ernakulam District – 682 306
E.K.Sadanandan @ Sadan (51 years years)
Ezhukandathil, P.O.Eroor, Nadama village, Kanayannur Taluk, Ernakulam District – 682 306
Defendants
Arun Das (56 years years)
Ezhukandathil, P.O.Eroor, Nadama village, Kanayannur Taluk, Ernakulam District – 682 306
Shailaja (59 years years)
Ezhukandathil, P.O.Eroor, Nadama village, Kanayannur Taluk, Ernakulam District – 682 306
Sudhikumar (57 years years)
Ezhukandathil, P.O.Eroor, Nadama village, Kanayannur Taluk, Ernakulam District – 682 306
Ponnappan (53 years years)
Ezhukandathil, P.O.Eroor, Nadama village, Kanayannur Taluk, Ernakulam District – 682 306
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: