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

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

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

Plaintiffs

Philomina V.J. (56 years years) Thuppathil House, Nazareth, Aluva, Pin - 683101 Rose Angel (60 years years) Thaiparambil House, Kandanadu Desom, Kothadu P.O., Pin - 682027

Defendants

Kochu Tresia (86 years years) Velikakathu House, Kadamakudy Village, Kothadu P.O., Pin - 682027 Tresa Shiny (47 years years) Pokkathu House, Kothadu P.O., Pin-682027 Mary Wilson (53 years years) Porather Kumkumathu House, Manaloor Kaniyani P.O., Thrissur District Antony (50 years years) Velikakathu House, Kothadu P.O., Pin-682027

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