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O.S. No. 1398 /2019

Case between Stella vs Lucy Sebastian et al regarding cancellation of document and prohibitory injunction.

Court
II Additional Munsiff, Ernakulam
Judge
Smt. Needi.K. Dinamany
Order Date
2024-07-04
Duration
approximately-4 years 7 months
Case Closed
Thu, 07/04/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, Stella, is seeking the cancellation of a gift deed that she executed in favor of her mother, the first defendant, and a prohibitory injunction against the other defendants. The defendants have been accused of attempting to manipulate the property rights against the agreement made during the transfer.

Judgment Outcome

Defendant Won
Interim Order
The court found that the plaintiff failed to prove any agreement that would justify canceling the gift deed. Consequently, the suit was dismissed and no injunction was granted.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found that the plaintiff failed to prove any agreement that would justify canceling the gift deed. Consequently, the suit was dismissed and no injunction was granted.
Key Reasoning:
The plaintiff did not provide sufficient evidence to support her claims for cancellation of the gift deed and prohibitory injunction.
Why Defendant Won:
The plaintiff did not provide sufficient evidence to support her claims for cancellation of the gift deed and prohibitory injunction.
Supporting Evidence
The plaintiff has not proved that there was such an agreement that on happening of specified event which does not depend upon will of donor, ie purchase of property by 1st defendant, has happened.

Judgment Evidence:

In the result, suit is dismissed.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Stella
Party Age
51
Relation
D/o
Party Role
Defendant
Party Name
Lucy Sebastian
Party Age
82
Relation
W/o
Party Role
Defendant
Party Name
Joshy Sebastian
Party Age
60
Relation
S/o
Party Role
Defendant
Party Name
Elizabeth
Party Age
55
Relation
W/o
Plaintiffs Documents
Certified Copy of Gift deed No.3072/1995, Certified Copy of Sale deed No.198/1994, Savings bank pass book.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
O.J.Alfred
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Shibi.A.A
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Anish Raj. O.U
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Remya Poulose
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
K.V. Arun Kumar
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Declaration
Outcome: Refused
Description:
Cancellation of gift deed No.3072/1995.
Evidence:
Hence plaintiff is not entitled for the decree of declaration as sought for.
Relief Type: Permanent Injunction
Outcome: Refused
Description:
Permanent prohibitory injunction against 2nd and 3rd defendants.
Evidence:
Hence also not entitled to the decree of permanent prohibitory injunction as sought for.

Documents & Evidence

Document Type: Gift Deed
Submitted By: Plaintiff
Relevance:
Certified copy of the gift deed executed between plaintiff and 1st defendant.
Reference:
Ext.A1
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Certified copy of the sale deed related to the purchase of the plaint schedule property.
Reference:
Ext.A2
Document Type: Bank Pass Book
Submitted By: Plaintiff
Relevance:
Savings bank pass book showing the transaction of plaintiff with Union Bank of India.
Reference:
Ext.A3

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 Stella vs Lucy Sebastian et al regarding cancellation of document and prohibitory injunction.
Case Code Year
Case between Stella vs Lucy Sebastian et al regarding cancellation of document and prohibitory injunction.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Sun, 12/01/2019 - 12:00
Case Closed
Thu, 07/04/2024 - 12:00
From
Mon, 07/01/2024 - 12:00
To
Wed, 07/31/2024 - 12:00
Outcome Confidence
80%

Involved Entities

Private Individual

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