Case Summary
Sebastian and others filed a suit for partition and injunction against Gracy Joseph and others regarding property owned by Rev. Fr. Elias Lopez. The plaintiffs claim that property should be divided among them as heirs, but the defendants maintain that the plaintiffs have no rightful claim.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit brought by the plaintiffs for partition and injunction, ruling that the plaintiffs did not have a legal claim to the property and failed to prove their entitlement.
Key Reasoning:
The defendants provided evidence that the property was not jointly owned and that the plaintiffs lacked standing.
The defendants provided evidence that the property was not jointly owned and that the plaintiffs lacked standing.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The plaintiffs suppressed material facts. Evidence indicated that they had no right over the plaint schedule property.
Judgment Evidence:
In the result, the suit is dismissed. The defendants are entitled to realise costs of the suit from the plaintiffs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sebastian
- Party Age
- 84
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Rose Mary Priya
- Party Age
- 39
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Mohan Kumar Sebastian
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Gracy Joseph
- Party Age
- 64
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Bindhu Jimmy
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Pious Lopez
- Party Age
- 67
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jose Pious
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sindhu Nixon Korea
- Party Age
- 35
- Relation
- W/o
Plaintiffs Documents
Sale Deed No. 906/1957, Sale Deed No. 435/1958, Will Deed No. 13/1970, Sale Deed No. 122/2005
Defendants Documents
Sale Deed No. 122/2005, Tax Receipt, Possession Certificate, Building Tax Receipt
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Ambili George
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Ajithkumar C R
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Chandra Babu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Permanent prohibitory injunction restraining the defendants from trespassing into the Plaint Schedule Properties
Evidence:
In the result, the suit is dismissed.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 906/1957
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 435/1958
Reference:
Ext.A2
Document Type:
Will Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Will Deed No. 13/1970
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 122/2005
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 1422/2005
Reference:
Ext.A5
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Settlement Deed No.3385/2015
Reference:
Ext.A6
Document Type:
Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Deed No.2675/2011
Reference:
Ext.A7
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death certificate of Rev.Fr.Elias Lopez
Reference:
Ext.A8
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death Certificate of Lourancia
Reference:
Ext.A9
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
Copy of Advocate Notice
Reference:
Ext.A10
Document Type:
Postal Acknowledgment
Submitted By:
Plaintiff
Relevance:
Postal Acknowledgment Card Signed by A1
Reference:
Ext.A11
Document Type:
Postal Cover
Submitted By:
Plaintiff
Relevance:
Returned postal cover
Reference:
Ext.A12
Document Type:
Certificate of Encumbrance
Submitted By:
Plaintiff
Relevance:
Certificate of Encumbrance from 1-01-2000 to 30-12-2004
Reference:
Ext.A13
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
Encumbrance Certificate from 01-01-2000 to 31-12-2017
Reference:
Ext.A14
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of Sale Deed No. 122/2005
Reference:
Ext.B1
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Certified copy Tax Receipt
Reference:
Ext.B2
Document Type:
Possession Certificate
Submitted By:
Defendant
Relevance:
Certified copy of possession certificate
Reference:
Ext.B3
Document Type:
Building Tax Receipt
Submitted By:
Defendant
Relevance:
Certified copy of Building Tax Receipt
Reference:
Ext.B4
Document Type:
Ration Card
Submitted By:
Defendant
Relevance:
Certified copy of Ration card
Reference:
Ext.B5
Document Type:
Ration Card
Submitted By:
Defendant
Relevance:
Certified copy of Ration Card
Reference:
Ext.B6
Document Type:
Adhaar
Submitted By:
Defendant
Relevance:
Certified copy of Adhaar of D1
Reference:
Ext.B7
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Copy of Land Tax Receipt
Reference:
Ext.B8
Document Type:
Ration Card
Submitted By:
Defendant
Relevance:
Copy of Ration Card of Antony Lopez
Reference:
Ext.B9
Document Type:
Death Certificate
Submitted By:
Defendant
Relevance:
Copy of Death Certificate of Thresia LK
Reference:
Ext.B10
Document Type:
Judgment
Submitted By:
Defendant
Relevance:
Certified copy of Judgment in OS 989/2016 of Principal Munsiff Court, Kollam
Reference:
Ext.B11
Document Type:
Written Statement
Submitted By:
Defendant
Relevance:
Certified copy of Written statement in OS 989/2016
Reference:
Ext.B12
Document Type:
Vakalath
Submitted By:
Defendant
Relevance:
Certified copy of Vakalath of D1 in OS 989/2016
Reference:
Ext.B13
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Original Settlement deed No. 2673/2011
Reference:
Ext.B14
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Copy of Tax receipt
Reference:
Ext.B15
Document Type:
Death Certificate
Submitted By:
Defendant
Relevance:
Original Death Certificate of Pious Lopez
Reference:
Ext.B16
Document Type:
Decree
Submitted By:
Defendant
Relevance:
Copy of Decree in OS 989/2016
Reference:
Ext.B17
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Sebastian et al vs Gracy Joseph et al regarding partition and injunction.
Case Code Year
Case between Sebastian et al vs Gracy Joseph et al regarding partition and injunction.