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O.S No. 824/2021

Case between Sheeba et al vs Tinu Samson et al regarding cancellation of document and permanent prohibitory injunction

Court
COURT OF THE MUNSIFF, ERNAKULAM
Judge
Sri. Nanda Krishna M.
Order Date
2025-06-11
Duration
approximately-3 years 7 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs are Sheeba, Sheela, and Gladis, who seek to cancel a relinquishment deed they claim was executed under fraud by their brother, Samson, who has since passed away. The defendants, Tinu and Tevin Samson, are his children, claiming ownership of the property based on the said deed.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the plaintiffs' request to set aside the relinquishment deed and for a permanent injunction, concluding that the suit was barred by the law of limitation.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the plaintiffs' request to set aside the relinquishment deed and for a permanent injunction, concluding that the suit was barred by the law of limitation.
Key Reasoning:
The suit was barred by limitation as per Article 59 of the Limitation Act.
Why Defendant Won:
The suit was barred by limitation as per Article 59 of the Limitation Act.
Supporting Evidence
The plaintiffs failed to establish that the execution of Doc. No. 3388/2000 of S.R.O, Ernakulam is vitiated by fraud and misrepresentation exerted on the executants by their brother Samson.

Judgment Evidence:

In the result, the suit is dismissed with costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Sheeba
Party Age
60
Relation
W/o
Party Role
Plaintiff
Party Name
Sheela
Party Age
58
Relation
W/o
Party Role
Plaintiff
Party Name
Gladis
Party Age
56
Relation
W/o
Party Role
Defendant
Party Name
Tinu Samson
Party Age
23
Relation
D/o
Party Role
Defendant
Party Name
Tevin Samson
Party Age
21
Relation
S/o
Party Role
Defendant
Party Name
Mini
Party Age
45
Plaintiffs Documents
Certified copy of the document no. 3386/2000, Certified copy of the document no. 3388/2000, Certified copy of the document no. 2080/2021, Certified copy of the document no. 3387/2000
Defendants Documents
Original of the Relationship certificate no. 4040/19, Original of the legal heirship certificate no. A5-19089/19/K-DIS, Original of the property Tax Book, Property tax receipt bearing no. 078476, Original of the memo bearing Ref no. R.CFR4-19179/2000, Property tax receipt bearing no. 9133, Original of the location sketch, Original of the land tax receipt bearing Tandapper no. 7312, Original Pass book bearing General no. 55089, Original certificate issued by Canara Bank, Original of the lease agreement, Copy of the plaint in OS 869/21, Summons received by the 3rd defendant in OS 869/21

Advocates

Party Role
Plaintiff
Advocate Name
N.Retheesh
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Suma Retheesh
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Shankar Retheesh
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Bharath Senan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Aravind
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Midhun Raj P.R
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Ashok B Shenoy
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
P.S.Gireesh
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Salih P.A
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
C.R.Anil Kumar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Arjun R Naik
Appearance Type
Main Counsel

Reliefs

Relief Type: Declaration
Outcome: Refused
Description:
Setting aside document No. 3388/2000.
Evidence:
The plaintiffs have failed to establish that the execution of Doc. No. 3388/2000 is vitiated by fraud and misrepresentation.
Relief Type: Permanent Injunction
Outcome: Refused
Description:
Permanent prohibitory injunction restraining the defendants from using the relinquishment deed.
Evidence:
The plaintiff is found not to be entitled for the reliefs sought for.

Documents & Evidence

Document Type: Certified copy of the document
Submitted By: Plaintiff
Relevance:
Document assigned kudikidappu right in favor of the plaintiffs and their mother.
Reference:
Ext.A1
Document Type: Certified copy of the document
Submitted By: Plaintiff
Relevance:
Relinquishment deed executed by the plaintiffs in favor of their brother.
Reference:
Ext.A2
Document Type: Certified copy of the document
Submitted By: Plaintiff
Relevance:
Certified copy of a document related to the case.
Reference:
Ext.A3
Document Type: Certified copy of the document
Submitted By: Plaintiff
Relevance:
Certified copy of another document related to the case.
Reference:
Ext.A4
Document Type: Original of the Relationship certificate
Submitted By: Defendant
Relevance:
Establishes the relationship among parties.
Reference:
Ext.B1
Document Type: Original of the legal heirship certificate
Submitted By: Defendant
Relevance:
Establishes legal heirship in the property.
Reference:
Ext.B2
Document Type: Original of the property Tax Book
Submitted By: Defendant
Relevance:
Document discussing property tax records.
Reference:
Ext.B3
Document Type: Property Tax Receipt
Submitted By: Defendant
Relevance:
Establishes payment of property taxes by the defendant.
Reference:
Ext.B4
Document Type: Original of the memo
Submitted By: Defendant
Relevance:
Details regarding revenue recovery procedures.
Reference:
Ext.B5
Document Type: Property Tax Receipt
Submitted By: Defendant
Relevance:
Establishes another instance of property tax payments.
Reference:
Ext.B6
Document Type: Original of the location sketch
Submitted By: Defendant
Relevance:
Provides locational details of the property in dispute.
Reference:
Ext.B7
Document Type: Original of the land tax receipt
Submitted By: Defendant
Relevance:
Establishes land tax payment by the defendant.
Reference:
Ext.B8
Document Type: Original pass book
Submitted By: Defendant
Relevance:
Financial documentation relevant to the case.
Reference:
Ext.B9
Document Type: Original certificate
Submitted By: Defendant
Relevance:
Financial documentation relevant to legal matters.
Reference:
Ext.B10
Document Type: Original of the lease agreement
Submitted By: Defendant
Relevance:
Proves leasing details concerning the plaint property.
Reference:
Ext.B11
Document Type: Copy of the plaint
Submitted By: Defendant
Relevance:
Documentation of earlier related litigation.
Reference:
Ext.B12 series

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Sheeba et al vs Tinu Samson et al regarding cancellation of document and permanent prohibitory injunction
Case Code Year
Case between Sheeba et al vs Tinu Samson et al regarding cancellation of document and permanent prohibitory injunction

Quick Facts

Location
Cochin
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Sat, 10/16/2021 - 12:00
Case Closed
From
Sun, 06/01/2025 - 12:00
To
Mon, 06/30/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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