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O.S No. 722/2021

Case between Remani O.P et al vs Usha Surendran et al regarding partition and separate possession

Court
THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2024-07-25
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs are the daughters of late Parameshwaran and late Bhavani, seeking partition of the family property. The defendants are the wife and daughter of the plaintiffs' brother, who the plaintiffs claim are not properly looking after the deceased father's affairs.

Judgment Outcome

Defendant Won
Interim Order
The court found that the will in question was not validly executed and that the family property was partible, leading to the dismissal of the plaintiffs' suit for partition.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found that the will in question was not validly executed and that the family property was partible, leading to the dismissal of the plaintiffs' suit for partition.
Key Reasoning:
The will was not executed in compliance with the legal requirements, and the plaintiffs were found to have relinquished their rights to the property.
Why Defendant Won:
The will was not executed in compliance with the legal requirements, and the plaintiffs were found to have relinquished their rights to the property.
Supporting Evidence
The will cannot be proved in the manner contemplated under law. Hence, it cannot be established that the Will deed No.7/1994 was executed by late Mr. Parameshwaran out of his free Will in favour of Mr. Surendran.

Judgment Evidence:

Hence, the suit is dismissed. Considering the facts and circumstances that surround the case, the parties are directed to suffer their respective costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Remani O.P
Party Role
Plaintiff
Party Name
Rathi Shaji
Party Role
Plaintiff
Party Name
Shobha Somanath
Party Role
Defendant
Party Name
Usha Surendran
Relation
W/o. Late Surendran @ Suresh
Party Role
Defendant
Party Name
Asha K.S
Plaintiffs Documents
Death Certificate, Certified copies of various Sale Deeds and Gift Deed.
Defendants Documents
Release Deeds, Will Deed, Tax Paid Receipts.

Advocates

Party Role
Plaintiff
Advocate Name
C.S Sunil
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Binni Kamal
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
M.S Unnikrishnan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Aleena Maria Jose
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Ardra Krishnan M
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Krishnendu D
Appearance Type
Main Counsel

Reliefs

Relief Type: Possession
Outcome: Refused
Description:
The plaintiffs sought partition and separate possession of the property.
Evidence:
Hence, it cannot be established that the Will deed No.7/1994 was executed by late Mr. Parameswaran out of his free Will in favour of Mr. Surendran.

Documents & Evidence

Document Type: Death Certificate
Submitted By: Plaintiff
Relevance:
Proved the death of the father of the plaintiffs.
Reference:
Ext.A1
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Document supporting the ownership of the plaint schedule properties.
Reference:
Ext.A2
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Document supporting the ownership of the plaint schedule properties.
Reference:
Ext.A3
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Document supporting the ownership of the plaint schedule properties.
Reference:
Ext.A4
Document Type: Gift Deed
Submitted By: Plaintiff
Relevance:
Document supporting the ownership of the plaint schedule properties.
Reference:
Ext.A5
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Document supporting the ownership of the plaint schedule properties.
Reference:
Ext.A6
Document Type: Release deed
Submitted By: Defendant
Relevance:
Proved that the second plaintiff relinquished her rights over the property.
Reference:
Ext.B1
Document Type: Release deed
Submitted By: Defendant
Relevance:
Proved that the first plaintiff relinquished her rights over the property.
Reference:
Ext.B2
Document Type: Will Deed
Submitted By: Defendant
Relevance:
Document contested by plaintiffs regarding its validity and execution.
Reference:
Ext.B3
Document Type: Tax Paid Receipt
Submitted By: Defendant
Relevance:
Document demonstrating tax compliance for the property.
Reference:
Ext.B4
Document Type: Tax Paid Receipt
Submitted By: Defendant
Relevance:
Document demonstrating tax compliance for the property.
Reference:
Ext.B5
Document Type: Tax Paid Receipt
Submitted By: Defendant
Relevance:
Document demonstrating tax compliance for the property.
Reference:
Ext.B6
Document Type: Tax Paid Receipt
Submitted By: Defendant
Relevance:
Document demonstrating tax compliance for the property.
Reference:
Ext.B7
Document Type: Tax Paid Receipt
Submitted By: Defendant
Relevance:
Document demonstrating tax compliance for the property.
Reference:
Ext.B8
Document Type: Tax Paid Receipt
Submitted By: Defendant
Relevance:
Document demonstrating tax compliance for the property.
Reference:
Ext.B9

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Remani O.P et al vs Usha Surendran et al regarding partition and separate possession
Case Code Year
Case between Remani O.P et al vs Usha Surendran et al regarding partition and separate possession

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Sun, 07/25/2021 - 12:00
Case Closed
From
Mon, 07/01/2024 - 12:00
To
Wed, 07/31/2024 - 12:00
Outcome Confidence
75%

Involved Entities

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