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O.S. No. 67/2024

Case between Radha Gopalan et al vs Joseph Johnson et al regarding declaration of title to property

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K.Dinamany.
Order Date
2025-04-10
Duration

Judgement document from eCourt website

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Case Summary

The petitioners, Radha Gopalan and Gopika K G, are seeking a declaration that a Will dated 01.02.2012 and a Settlement Deed are not binding upon them. They challenge the authenticity of the 2012 Will and request an expert examination of signatures.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petition to forward the Will and Settlement Deed for expert examination. The examination aims to determine the authenticity of the signatures involved.
Judgment Favored
Plaintiff
Relief Granted
Forward will No.85/2005 of SRO Maradu and unregistered will dated 01.02.2012 to fingerprint bureau for examination.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The petition had merits to elucidate the matter in dispute.

Judgment Evidence:

In the result, petition is allowed as follows: 1) Forward will No.85/2005 of SRO Maradu and unregistered will dated 01.02.2012 to fingerprint bureau for examination by fingerprint and handwriting expert.

Parties Involved

Plaintiffs

Radha Gopalan (68 years) Kochirapadath House, Maradu Desom, Maradu Village, Kanayannur Taluk, Maradu P O, Pin- 682304 Gopika K G (35 years) Kochirapadath House, Maradu Desom, Maradu Village, Kanayannur Taluk, Maradu P O, Pin- 682304

Defendants

Joseph Johnson (58 years) Chakkanatt House, Aiyni Temple Road, Maradu Desom, Maradu Village, Kanayannur Taluk, Maradu P O, Pin- 682304 C L George (56 years) Chakkanatt House, Maradu Desom, Maradu Village, Kanayannur Taluk, Ernakulam District, Maradu P O, Pin- 682304

Reliefs

Relief Type: Declaration
Outcome: Granted
Description:
Forward will No. 85/2005 of SRO Maradu and unregistered will dated 01.02.2012 to finger print bureau for examination.
Evidence:
The petition is allowed as follows: Forward will No.85/2005 of SRO Maradu and unregistered will dated 01.02.2012 to finger print bureau for examination by finger print and handwriting expert.
Relief Type: Declaration
Outcome: Granted
Description:
Report on whether signatures belong to the same person.
Evidence:
The expert is directed to report whether signature in will dated 01.02.2012 and will No.85/2005 belongs to same person.

Documents & Evidence

Document Type: Registered Will
Submitted By: Plaintiff
Relevance:
Plaintiffs claim title to property based on this document.
Reference:
Will No. 85/2005
Document Type: Unregistered Will
Submitted By: Plaintiff
Relevance:
Challenged by plaintiffs as forged; expert examination requested.
Reference:
Will dated 01.02.2012
Document Type: Finger Print and Handwriting Expert Report
Submitted By: Unknown
Relevance:
Court orders examination of both wills to compare signatures.
Reference:

Quick Facts

Location
Ernakulam
Case Filed
Outcome Confidence
85%

Involved Entities

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