Case between Philomina V.J. vs Kochu Tresia regarding Partition and injunction

Case Summary

The plaintiffs, Philomina V.J. and Rose Angel, are seeking a partition of a property inherited from their deceased father, V.P. Joseph. The defendants, including Kochu Tresia, contest the plaintiffs' claims of ownership and have filed a written statement in defense.

Judgment Outcome

Plaintiff Won

Interim Order

The suit for partition is decreed, and a preliminary decree for partition is passed, allowing the plaintiffs to receive 4/15th of the property. The defendants are entitled to the remaining shares, with an injunction against the first two defendants from alienating their shares.

Judgment Favored

Plaintiff

Relief Granted

Preliminary decree for partition and permanent prohibitory injunction

Case Type

Civil Suit

Final Judgment

No

The suit for partition is decreed, and a preliminary decree for partition is passed, allowing the plaintiffs to receive 4/15th of the property. The defendants are entitled to the remaining shares, with an injunction against the first two defendants from alienating their shares.

Why Plaintiff Won:
The plaintiffs' evidence was unrebutted and established their case for partition.

Losing Side's Weaknesses:
The plaintiffs' evidence was unrebutted and established their case for partition.

Supporting Evidence

The unrebutted oral testimony of PW1 and A1 established her case as pleaded by her. In the absence of any countervailing evidence to contradict this proof of plaint claim.

Judgment Evidence:

In the result, suit is decreed and a preliminary decree for partition is passed as follows: 1. The plaint schedule property shall be divided by metes and bounds into 15 equal shares and allot 4/15th shares to the plaintiffs by actual division and separation.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Philomina V.J.
Party Age: 56
Relation: W/o

Party Role: Plaintiff
Party Name: Rose Angel
Party Age: 60
Relation: W/o

Party Role: Defendant
Party Name: Kochu Tresia
Party Age: 86
Relation: W/o

Party Role: Defendant
Party Name: Tresa Shiny
Party Age: 47
Relation: W/o

Party Role: Defendant
Party Name: Mary Wilson
Party Age: 53
Relation: W/o

Party Role: Defendant
Party Name: Antony
Party Age: 50
Relation: S/o

Plaintiffs Documents

Certified copy of certificate of purchase of kudikidappu obtained under the Right to Information Act

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: N.C. Joseph
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: M.P. Rexy
Appearance Type: Assisting Counsel

Party Role: Plaintiff
Advocate Name: Antony Joseph
Appearance Type: Assisting Counsel

Party Role: Defendant
Advocate Name: Rani George
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Adam Ambrose
Appearance Type: Assisting Counsel

Party Role: Defendant
Advocate Name: Annie George
Appearance Type: Main Counsel

Reliefs

Relief Type: Partition

Outcome: Granted

Description:

A preliminary decree for partition of the plaint schedule property.

Evidence:

In the result, suit is decreed and a preliminary decree for partition is passed as follows: 1. The plaint schedule property shall be divided by metes and bounds into 15 equal shares and allot 4/15th shares to the plaintiffs by actual division and separation.

Relief Type: Permanent Injunction

Outcome: Granted

Description:

A decree of permanent prohibitory injunction restraining the defendants from alienating, encumbering or committing waste over the shares allotted to the plaintiffs.

Evidence:

A decree of permanent prohibitory injunction is passed restraining the defendant Nos. 1 and 2 from alienating, encumbering or committing waste over the shares allotted to the plaintiffs.

Documents & Evidence

Document Type: Certified copy of certificate of purchase of Kudikidappu

Submitted By: Plaintiff

Relevance:

Accepted and marked in evidence to establish the plaint claim.

Reference:

Ext.A1

Case Classification