Case Summary
The plaintiffs, Tiny Chacko and Antony M.C, are seeking a declaration of civil death for M.A Chacko, who has been missing for over 12 years, and an injunction against the first defendant, Sonny Kurian, to prevent him from trespassing on their inherited properties. The court recognizes the plaintiffs as the legal heirs of M.A Chacko.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Declaration of civil death of Mr. M.A Chacko and injunction against the first defendant from trespassing on the properties.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court found sufficient evidence of the plaintiffs' entitlement to the assets based on the long period of Mr. Chacko's absence and the legal heirship certificate.
The court found sufficient evidence of the plaintiffs' entitlement to the assets based on the long period of Mr. Chacko's absence and the legal heirship certificate.
Judgment Evidence:
In the result, suit is decreed as follows: A) It is hereby declared the civil death of Mr. Chacko, S/o Antony as he is missing from 02.07.2007.
Parties Involved
Plaintiffs
Tiny Chacko (55 years years)
Mampilly House, 32/502 G, Rose Garden Colony, LPS Road, Pallinada, Palarivattom, Pin 682025
Antony M.C (19 years years)
Mampilly House, 32/502 G, Rose Garden Colony, LPS Road, Pallinada, Palarivattom, Pin 682025
Defendants
Sonny Kurian (66 years years)
Kalarickal House, 31/988M, Panorama Lane, Elamkulam, Vyttila, Kochi 682019
Anu Chacko (29 years years)
Kadakampilly House, Kottarakkara P.O, residing at Mampilly House, 32/502 G, Rose Garden Coloy, LPS Road, Pallinada, Palarivattom, Pin 682025
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration of the civil death of Mr. Chacko as he is missing since 02.07.2007.
Evidence:
It is hereby declared the civil death of Mr. Chacko, S/o Antony Mampilly House, 32/502 G, Rose Garden Colony, LPS road, Pallinada, palarivattom, pin 682025 as he is missing from 02.07.2007.
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration that plaintiffs and 2nd defendant are the legal heirs of Mr. M.A. Chacko.
Evidence:
It is hereby declared that plaintiffs and 2nd defendant are the legal heirs of Mr. M.A. Chacko, S/o Antony, Mampilly House, 32/502 G, Rose Garden Colony, LPS road, Pallinada, Palarivattom, pin 682025 and they have inherited the title, ownership and possession of the schedule item No.1 to 8 properties in the capacity as legal heirs of Mr. M.A.Chacko.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the 1st defendant from trespassing into the plaint schedule properties.
Evidence:
The 1st defendant is hereby restrained by way of permanent prohibitory injunction from trespassing into the plaint schedule properties and commit any act of waste therein.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Sale deed was presented as evidence regarding the property owned by M.A.Chacko and the 1st plaintiff.
Reference:
Ext.A1
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Gift deed No. 2256/2016 was marked to support the claim pertaining to the property.
Reference:
Ext.A2
Document Type:
Will
Submitted By:
Plaintiff
Relevance:
Certified copy of Will No. 55/1991 was proved through the witness and was pertinent to establish ownership of the property.
Reference:
Ext.A3
Document Type:
Report
Submitted By:
Plaintiff
Relevance:
Report from Njarakal Police regarding the missing person case was included to establish the presumption of death.
Reference:
Ext.A7
Document Type:
Legal heirship certificate
Submitted By:
Plaintiff
Relevance:
Legal heirship certificate was presented to prove the legal status of the plaintiffs as the heirs of M.A.Chacko.
Reference:
Ext.A9
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death certificate was marked to conclude the proceedings regarding the presumption of death for M.A.Chacko.
Reference:
Ext.A11
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Another death certificate was presented as part of the documentation supporting the claims in the case.
Reference:
Ext.A12
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
Oral evidence was provided by the plaintiffs through witnesses PW1, PW2, and PW3 to support their claims.
Reference: