Case Summary
The plaintiffs, who are brothers, are seeking a declaration that the defendants have no rights over the property they claim. The case involves a dispute over property inheritance and claims made by the defendants as legal heirs of Varghese @ Baby.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the plaintiffs' suit as they failed to establish their case. The evidence presented was not deemed credible, and the request for a declaration against the defendants was denied.
Key Reasoning:
The plaintiffs failed to prove their case by a preponderance of probabilities.
The plaintiffs failed to prove their case by a preponderance of probabilities.
Why Defendant Won:
The plaintiffs failed to prove their case by a preponderance of probabilities.
The plaintiffs failed to prove their case by a preponderance of probabilities.
Supporting Evidence
I am of the opinion that the evidence tendered by PW1 cannot be believed or acted upon.
Judgment Evidence:
In the result, the suit is dismissed. No order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Xavier T.E
- Party Age
- 57
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Job T.E
- Party Age
- 45
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Telesper T.E
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rosy Varghese
- Party Age
- 52
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Diana Varghese
- Party Age
- 21
- Relation
- D/o
Plaintiffs Documents
Certified copies of various documents related to property ownership.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- N Retheesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Suma Retheesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shankar Retheesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Bharat Senan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Midhunraj P.R
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
Declaration that the defendants have no right or claim over the plaint schedule property.
Evidence:
the plaintiffs have failed to establish the case even by preponderance of probabilities.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Decree of permanent prohibitory injunction against the defendants claiming rights over the property.
Evidence:
An injunction of such nature cannot be granted in view of the provisions of Section 41 of the Specific Relief Act.
Documents & Evidence
Document Type:
Certified Copy
Submitted By:
Plaintiff
Relevance:
Document relevant to ownership of the property in question.
Reference:
Ext.A1
Document Type:
Certified Copy
Submitted By:
Plaintiff
Relevance:
Document indicating the release of rights by legal heirs of Ouseph Easy.
Reference:
Ext.A2
Document Type:
Certified Copy
Submitted By:
Plaintiff
Relevance:
Document concerning the relinquishment of rights by the daughters of Ouseph Easy.
Reference:
Ext.A3
Document Type:
Certified Copy
Submitted By:
Plaintiff
Relevance:
Document relating to the relinquishment of rights in favor of the 1st plaintiff.
Reference:
Ext.A4
Document Type:
True colour photocopy
Submitted By:
Plaintiff
Relevance:
Document concerning the sale of property by the defendants.
Reference:
Ext.A5
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 Xavier T.E et al vs Rosy Varghese et al regarding declaration and permanent prohibitory injunction.
Case Code Year
Case between Xavier T.E et al vs Rosy Varghese et al regarding declaration and permanent prohibitory injunction.