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O.S. No. 406/2018

Case between Velayudhan, Soman, Ambika et al vs Gopi O.A, Mohanan O.A et al regarding Partition

Court
COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
SMT. REEJA R. NAIR.
Order Date
2025-06-04
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves a dispute over the partition of property belonging to the deceased Kochupennu. The plaintiffs claim their rights as legal heirs, while defendants argue that Kochupennu had executed a will transferring her property to one of them.

Judgment Outcome

Defendant Won
Interim Order
The court ruled that the suit for partition is dismissed as Kochupennu had executed a valid will in favor of the 11th defendant and had sold a portion of the property during her lifetime. The plaintiffs failed to prove their claims.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court ruled that the suit for partition is dismissed as Kochupennu had executed a valid will in favor of the 11th defendant and had sold a portion of the property during her lifetime. The plaintiffs failed to prove their claims.
Key Reasoning:
The court found the will executed by Kochupennu to be valid and properly attested, negating the plaintiffs' claims.
Why Defendant Won:
The court found the will executed by Kochupennu to be valid and properly attested, negating the plaintiffs' claims.
Supporting Evidence
Exhibit B1 is genuine and validly executed by Late Kochupennu.

Judgment Evidence:

The suit is dismissed with costs to the 10th and 11th defendants.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Velayudhan
Party Age
59
Relation
S/o
Party Role
Plaintiff
Party Name
Soman
Party Age
57
Relation
S/o
Party Role
Plaintiff
Party Name
Ambika
Party Age
48
Relation
W/o
Party Role
Plaintiff
Party Name
Akhil Kumar
Party Age
24
Relation
S/o
Party Role
Plaintiff
Party Name
Krishnapriya
Party Age
26
Relation
D/o
Party Role
Defendant
Party Name
Gopi O.A
Party Age
48
Relation
S/o
Party Role
Defendant
Party Name
Mohanan O.A.
Party Age
46
Relation
S/o
Party Role
Defendant
Party Name
Ambika Ravi
Party Age
42
Relation
D/o
Party Role
Defendant
Party Name
Mini Chandran
Party Age
39
Relation
D/o
Party Role
Defendant
Party Name
Binoj C.G.
Party Age
30
Relation
S/o
Plaintiffs Documents
Original Ration card with No.1734017408 in the name of Kochupennu.
Defendants Documents
Original Will Deed No.101/2011 of SRO Trikkakara, Certified copy of will deed No. 101/2011 of SRO Trikkakara.

Advocates

Party Role
Plaintiff
Advocate Name
Jayachandran K.V.
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Raju V. Mathew
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
B. Jayasankar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
K.S. Dilip
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
N.A.Saju
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Lekha G.
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Flony P.J.
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Uma G. Krishnan
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Partition
Outcome: Refused
Description:
The plaintiffs sought partition of the plaint schedule property.
Evidence:
The plaint schedule property which belonged to Kochupennu is not available for partition.
Relief Type: Compensation
Outcome: Refused
Description:
The plaintiffs appeared to request a form of compensation related to the caretaker role.
Evidence:
The 12th defendant is not entitled to any relief in this suit.

Documents & Evidence

Document Type: Ration Card
Submitted By: Plaintiff
Relevance:
Original ration card in the name of Kochupennu.
Reference:
Ext.A1
Document Type: Will Deed
Submitted By: Defendant
Relevance:
Original will deed No. 101/2011 presenting testamentary provisions.
Reference:
Ext.B1
Document Type: Certified copy of Will Deed
Submitted By: Defendant
Relevance:
Certified copy of will deed No. 101/2011.
Reference:
Ext.B2
Document Type: Certified copy of Sale Deed
Submitted By: Defendant
Relevance:
Certified copy of sale deed No. 3677/2012.
Reference:
Ext.B3
Document Type: Certified Copy of Pages
Submitted By: Court
Relevance:
Certified copy pages from 61 to 66 of Book No. III, Volume No. 42 relating to Exhibit B1.
Reference:
Ext.X1
Document Type: Certified Copy of Filing Register
Submitted By: Court
Relevance:
Certified copy of page No. 182 of filing register bearing volume No. 73.
Reference:
Ext.X2

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Velayudhan, Soman, Ambika et al vs Gopi O.A, Mohanan O.A et al regarding Partition
Case Code Year
Case between Velayudhan, Soman, Ambika et al vs Gopi O.A, Mohanan O.A et al regarding Partition

Quick Facts

Location
ERNAKULAM
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Sun, 06/01/2025 - 12:00
To
Mon, 06/30/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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