Case Summary
Thresia Xavier and other plaintiffs are involved in a legal dispute against V.C Michael and other defendants regarding the partition of property and the cancellation of a release deed. The plaintiffs allege that the deed was executed without their consent due to their physical incapacity.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The court found that the release deed was executed with proper procedure and the plaintiffs had received consideration for it.
The court found that the release deed was executed with proper procedure and the plaintiffs had received consideration for it.
Judgment Evidence:
In the result, both the suits are dismissed. No costs.
Parties Involved
Plaintiffs
Thresia Xavier (84 years years)
Manianthra House, Aroor, Cherthala
Raphael (54 years years)
Manianthara House, Aroor, Cherthala, Pin 688534
Marina George (57 years years)
Periyil House, Aroor P.O, Cherthala, Alappuzha, Pin 688 534
Lissy Joseph (52 years years)
Peruparambil House, Aroor P.O, Cherthala, Alappuzha, Pin 688534
Defendants
V.C Michael (64 years years)
Vattathil House, Padivattom Kara, Edapally South Village, Kanayanoor Taluk, Ernakulam District, Edapally P.O, Pin 682 024
V.C Joseph (58 years years)
Vattathil House, Padivattom Kara, Edapally South Village, Kanayanoor Taluk, Ernakulam District, Edapally P.O, Pin 682 024
Baby Babu (54 years years)
Padassery House, Kandakadavu, Chellanum, Kumbalangi P.O, Pin 682 008
Treesa Johnson (49 years years)
Thottumkara House, Cherthala, Aroor P.O, Pin 682 008
Mary Thomas (80 years years)
Alumkal House, Thrikkakara, Edappally P.O, Pin 682 024
Reliefs
Relief Type:
Partition
Outcome:
Refused
Description:
Plaintiffs requested for partition of the property.
Evidence:
The plaintiffs are not entitled to get the relief of partition of plaint schedule property as prayed for.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiffs requested to restrain the defendants from alienating the property.
Evidence:
Since the plaintiffs failed to prove that they have any right over plaint schedule property they are not entitled to get the relief as prayed for.
Relief Type:
Cancellation
Outcome:
Refused
Description:
Plaintiffs sought cancellation of the release deed.
Evidence:
The plaintiffs in both the suits failed to prove execution of Ext.A1 release deed is voidable and without obtaining their free will and consent.
Documents & Evidence
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Contested deed executed by the plaintiff releasing her rights over the property.
Reference:
Ext.A1
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Document establishing prior ownership and transfer of the property.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Establishes the sale of the property to Cheeku.
Reference:
Ext.A3
Document Type:
Medical Certificate
Submitted By:
Unknown
Relevance:
Related to the health condition of the plaintiff at the time of document execution.
Reference:
Ext.A4
Document Type:
Medical Records
Submitted By:
Plaintiff
Relevance:
Supporting documents regarding the plaintiff's medical condition.
Reference:
Ext.A4(a to m)
Document Type:
Documents under Right to Information Act
Submitted By:
Plaintiff
Relevance:
Documents related to the application regarding right to information.
Reference:
Ext.A5 series
Document Type:
Partition Deed
Submitted By:
Defendant
Relevance:
Establishes the partition of the property among defendants.
Reference:
Ext.B1
Document Type:
Encumbrance certificate
Submitted By:
Defendant
Relevance:
Certificate issued confirming the encumbrance status of the property.
Reference:
Ext.B2
Document Type:
Photostat Copy of Deposition Book
Submitted By:
Court
Relevance:
Relevant page confirming statements regarding execution procedures.
Reference:
Ext.X1
Document Type:
Private Attendance Report
Submitted By:
Court
Relevance:
Confirms attendance and statements made during the registration.
Reference:
Ext.X2
Document Type:
Thump Impression Register
Submitted By:
Court
Relevance:
Record of thump impressions used during the registration of documents.
Reference:
Ext.X3