Case Summary
The plaintiffs, Sini Shaji and her minor children, are seeking a declaration and partition of property that devolved to them after the death of E.C. Varkey. The defendants are Manoj Varkey and Nisha Thomas, with the case involving family settlement issues.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
1/3 share of the plaint schedule property jointly.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit for partition, awarding the plaintiffs 1/3 share in the property while the defendants each received 1/3 share.
Why Plaintiff Won:
The plaintiffs established their entitlement to a share of the property based on the intestate succession after E.C. Varkey's death.
The plaintiffs established their entitlement to a share of the property based on the intestate succession after E.C. Varkey's death.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiffs are entitled to 1/3 share over the plaint schedule property. The first and the second defendants are entitled to one share each.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaint schedule property is divided into three equal shares. The plaintiffs are entitled to 1 such share (1/3 share) jointly. The first and the second defendants are entitled to one such share (1/3 share) each.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sini Shaji
- Party Age
- 44
- Relation
- W/o Late Shaji Varkey
- Party Role
- Plaintiff
- Party Name
- Aleena Shaji
- Party Age
- 17
- Relation
- D/o Sini Shaji
- Party Role
- Plaintiff
- Party Name
- Abin Shaji
- Party Age
- 14
- Relation
- S/o Sini Shaji
- Party Role
- Plaintiff
- Party Name
- Ajeena Shaji
- Party Age
- 12
- Relation
- D/o Sini Shaji
- Party Role
- Defendant
- Party Name
- Manoj Varkey
- Party Age
- 53
- Party Role
- Defendant
- Party Name
- Nisha Thomas
- Party Age
- 41
- Relation
- divorcee
Plaintiffs Documents
Copy of Sale Deed no. 3239/2001, Receipt, Copy of Death Certificate of Shaji Varkey
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P C Chacko
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Plaint schedule property is divided into three equal shares.
Evidence:
In the result , the suit is decreed as follows: 1.The plaint schedule property is divided into three equal shares.
Relief Type:
Possession
Outcome:
Granted
Description:
The plaintiffs are entitled to 1/3 share over the plaint schedule property.
Evidence:
the plaintiffs are, hence, entitled to 1/3 rd share over the plaint schedule property.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed no. 3239/2001, establishing ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Receipt signed by Varkey, showing acceptance of share by the second defendant, although not accepted as valid by the court.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death Certificate of Shaji Varkey, relevant for establishing the inheritance of the plaint schedule property.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Sini Shaji et al vs Manoj Varkey et al regarding declaration and partition
Case Code Year
Case between Sini Shaji et al vs Manoj Varkey et al regarding declaration and partition