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O.S 47/2025

Case between Sheeja S Kurup vs Saji S Kurup et al regarding declaration of settlement deed as null and void

Court
IN THE COURT OF THE MUNSIFF, KANJIRAPPALLY
Judge
Smt. Smitha Susan Mathew
Order Date
2025-08-25
Duration
approximately-2 years 25 days
Case Code No.
47
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Sheeja S Kurup, the plaintiff, is contesting the validity of a settlement deed executed by her father, the second defendant, in favor of her brother, the first defendant. She claims the deed is null due to her father's incapacity caused by health issues.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the plaintiff's petition for a temporary prohibitory injunction, ruling that she failed to establish a prima facie case regarding her father's mental incapacity at the time of executing the settlement deed.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the plaintiff's petition for a temporary prohibitory injunction, ruling that she failed to establish a prima facie case regarding her father's mental incapacity at the time of executing the settlement deed.
Key Reasoning:
The plaintiff could not substantiate her claims of the father's incapacity, and the property was under Lis Pendens.
Why Defendant Won:
The plaintiff could not substantiate her claims of the father's incapacity, and the property was under Lis Pendens.
Supporting Evidence
The plaintiff failed to establish a prima facie case exists in her favour to get an urgent relief of temporary prohibitory injunction.

Judgment Evidence:

In the result, IA is dismissed.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Sheeja S Kurup
Party Age
52
Relation
D/o
Party Role
Defendant
Party Name
Saji S Kurup
Party Role
Defendant
Party Name
C.K Sreenivasa Kurup
Party Age
89
Relation
D/o
Party Role
Defendant
Party Name
Sheena Prasad
Plaintiffs Documents
Copy of settlement Deed No.1850/2024 of SRO, Kanjirappally.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Bimala Baby
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
T.A Vijayan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Vineetha Narayanan
Appearance Type
Main Counsel

Reliefs

Relief Type: Temporary Injunction
Outcome: Refused
Description:
Plaintiff sought a temporary prohibitory injunction to restrain 1st defendant from alienating the plaint schedule property.
Evidence:
From the above discussion, the court is of the view that the plaintiff failed to establish that a prima facie case exists in her favour to get an urgent relief of temporary prohibitory injunction.

Documents & Evidence

Document Type: Settlement Deed
Submitted By: Plaintiff
Relevance:
This document is referenced as the settlement deed executed by the 2nd defendant in favor of the 1st defendant, which the plaintiff claims is null and void due to the 2nd defendant's incapacity.
Reference:
Ext.A1

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Non-payment of rent
Case Code
O.S
Case Code Year
2025

Quick Facts

Location
Kanjirappally, Pathanamthitta District, Kerala
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Case Filed
Fri, 08/22/2025 - 12:00
Case Closed
From
Tue, 07/01/2025 - 12:00
To
Sun, 08/31/2025 - 12:00
Outcome Confidence
75%

Involved Entities

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