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OS 691/2018

Case between Thressiamma Kunjumon et al vs Pennamma Devasia et al regarding declaration and partition

Court
Munsiff Court, Kottayam
Judge
Smt. Jyothi Babu R
Order Date
2025-02-28
Duration
approximately-6 years 4 months
Case Code No.
691
Case Closed
Fri, 02/28/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, Thressiamma Kunjumon and Mary K A, are seeking a declaration of their rights over certain properties originally owned by their mother, Chinnamma. The defendants, including Pennamma Devasia and others, contest these claims based on various Wills executed by Chinnamma.

Judgment Outcome

Defendant Won
Interim Order
The court ruled in favor of the defendants, affirming the validity of Will no. 100/2017 and dismissing the plaintiffs' claims over the contested properties.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the defendants, affirming the validity of Will no. 100/2017 and dismissing the plaintiffs' claims over the contested properties.
Key Reasoning:
The defendants successfully proved the validity of Will no. 100/2017 as the last will executed by Chinnamma.
Why Defendant Won:
Not available
Supporting Evidence
The execution of the Will was proved by the defendants, and the plaintiffs failed to substantiate their claims regarding the previous Will.

Judgment Evidence:

In the result, O.S. 691/2018 is disposed of in accordance with Exhibit B2.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Thressiamma Kunjumon
Party Age
56
Relation
W/o
Party Role
Plaintiff
Party Name
Mary K A
Party Age
64
Relation
D/o
Party Role
Defendant
Party Name
Pennamma Devasia
Party Age
70
Relation
W/o
Party Role
Defendant
Party Name
Omana K A
Party Age
60
Relation
W/o
Party Role
Defendant
Party Name
Sarojini
Party Age
65
Relation
W/o
Party Role
Defendant
Party Name
Raju
Party Age
50
Relation
S/o
Party Role
Defendant
Party Name
Aneesh
Party Age
45
Relation
S/o
Plaintiffs Documents
Special Power of Attorney, Will Deed no. 141/2015, Copy of Tax Receipt, Copy of Judgment (Calendar Case no.CC 1083/2017), Copy of Deposition of PW1 in CC 1083/2017
Defendants Documents
Will Deed no. 240/2012, Will Deed no. 100/2017, Tax Receipt

Advocates

Party Role
Plaintiff
Advocate Name
P K Vinodkumar
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Anu Mariya Joseph
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Shebin K Cyriac
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Santhosh Kesavanath.P
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Kamala Ramanath
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Declaration
Outcome: Granted
Description:
Declaration of rights over the plaint schedule properties.
Evidence:
After the death of Chinnamma, Exhibit B2 would come into force.
Relief Type: Partition
Outcome: Granted
Description:
Partition of the plaint schedule property as per the latest Will.
Evidence:
The plaint schedule property is divided as per Exhibit B2.
Relief Type: Boundary Fixation
Outcome: Granted
Description:
Fixation of boundaries of the plaint schedule properties.
Evidence:
The plaint schedule property is divided as per Exhibit B2.
Relief Type: Permanent Injunction
Outcome: Not Decided
Description:
Request to restrain defendants from trespassing.
Evidence:

Documents & Evidence

Document Type: Will Deed
Submitted By: Plaintiff
Relevance:
The plaintiffs claimed their rights to the property based on this Will executed by their mother.
Reference:
Ext.A2
Document Type: Power of Attorney
Submitted By: Plaintiff
Relevance:
Document supporting the plaintiffs' claims in court.
Reference:
Ext.A1
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Document used as evidence for property ownership.
Reference:
Ext.A3
Document Type: Judgment
Submitted By: Plaintiff
Relevance:
Prior court judgment referenced by the plaintiffs.
Reference:
Ext.A4
Document Type: Deposition
Submitted By: Plaintiff
Relevance:
Document containing witness testimony supporting plaintiffs' claims.
Reference:
Ext.A5
Document Type: Will Deed
Submitted By: Defendant
Relevance:
The defendants claimed their rights to the property based on this Will executed by their mother.
Reference:
Ext.B2
Document Type: Will Deed
Submitted By: Defendant
Relevance:
Prior executed Will referenced by the defendants.
Reference:
Ext.B1
Document Type: Tax receipt
Submitted By: Defendant
Relevance:
Document used as evidence by the defendants.
Reference:
Ext.B3
Document Type: Commission Report
Submitted By: Court
Relevance:
Court's report related to the case.
Reference:
Ext.C1
Document Type: Rough Sketch
Submitted By: Court
Relevance:
Supplemental document providing spatial context for the case.
Reference:
Ext.C1(a)
Document Type: Oral Evidence
Submitted By: Unknown
Relevance:
Evidence presented orally during the hearings.
Reference:

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Right of way obstruction
Case Code
OS
Case Code Year
2018

Quick Facts

Location
Kottayam District, Kerala
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Case Filed
Thu, 10/04/2018 - 12:00
Case Closed
Fri, 02/28/2025 - 12:00
From
Sat, 02/01/2025 - 12:00
To
Fri, 02/28/2025 - 12:00
Outcome Confidence
85%

Involved Entities

Private Individual

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