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OS.No.1563/2018

Case between Chandran.T et al vs Sheela @ Jalaja Kumari et al regarding setting aside Will deed and partition.

Court
Court of Additional Munsiff-III
Judge
Smt.Sreelakshmi.C
Order Date
2025-01-06
Duration
approximately-6 years 3 months
Case Code No.
1563
Case Closed
Mon, 01/06/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, children of Late Sri. Thankappan and Late Smt. Nalini, are contesting the validity of a Will executed by their father in favor of some defendants. They seek to set aside the Will and obtain a partition of the property.

Judgment Outcome

Defendant Won
Interim Order
The court found that the plaintiffs failed to prove their claims regarding the Will's fraudulent execution. Consequently, the suit was dismissed.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found that the plaintiffs failed to prove their claims regarding the Will's fraudulent execution. Consequently, the suit was dismissed.
Key Reasoning:
The plaintiffs did not produce sufficient evidence to challenge the validity of the Will.
Why Defendant Won:
The plaintiffs did not produce sufficient evidence to challenge the validity of the Will.
Supporting Evidence
The plaintiffs have admitted the Will; however, they have raised allegations with respect to suspicious circumstances in its execution which they failed to substantiate.

Judgment Evidence:

In the result, the suit is dismissed. No order as to costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Chandran.T
Party Age
60
Relation
S/o
Party Role
Plaintiff
Party Name
Suresh
Party Age
57
Relation
S/o
Party Role
Plaintiff
Party Name
Raju
Party Age
54
Relation
S/o
Party Role
Plaintiff
Party Name
Biju
Party Age
44
Relation
S/o
Party Role
Defendant
Party Name
Sheela @ Jalaja Kumari
Party Age
52
Relation
D/o
Party Role
Defendant
Party Name
Neena.J
Party Age
25
Relation
D/o
Party Role
Defendant
Party Name
Jyothi
Party Age
46
Relation
D/o
Party Role
Defendant
Party Name
Chandana
Party Age
19
Relation
D/o
Party Role
Defendant
Party Name
Manikandan
Party Age
58
Relation
S/o
Plaintiffs Documents
Certified Copy of Partition Deed No.643/1986, Certified Copy of Gift Deed No.3470/98, Copy of Death Certificate of Sri.Thankappan, Copy of Death Certificate of Smt.Nalini, Certified Copy of Will Deed No.22/2012
Defendants Documents
Certified Copy of Plaint in OS No.1537/2018, Copy of Plaint Schedule Property in OS No.1537/2018

Advocates

Party Role
Plaintiff
Advocate Name
Sri. S.Binu kumar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri.Muttada S. Asok Kumar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Smt.Aysha.R.S
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Refused
Description:
The plaintiffs sought a decree of permanent prohibitory injunction.
Evidence:
I am not inclined to allow the reliefs sought for by the plaintiffs.
Relief Type: Declaration
Outcome: Refused
Description:
The plaintiffs sought to set aside the Will deed No.22/2012.
Evidence:
The plaintiffs have miserably failed to prove that there exists vitiating circumstance in execution of Ext.A4 deed and therefore I am not inclined to allow the reliefs sought for by the plaintiffs.
Relief Type: Possession
Outcome: Refused
Description:
The plaintiffs sought partition of the scheduled property.
Evidence:
Hence suit dismissed.

Documents & Evidence

Document Type: Certified Copy of Partition Deed
Submitted By: Plaintiff
Relevance:
The certified copy of partition deed is marked to establish the ownership of the plaint A schedule property.
Reference:
Ext.A1
Document Type: Certified Copy of Gift Deed
Submitted By: Plaintiff
Relevance:
The certified copy of gift deed is marked to show the transfer of 7.66 cents of property among the plaintiffs and the 1st defendant.
Reference:
Ext.A2
Document Type: Copy of Death Certificate
Submitted By: Plaintiff
Relevance:
The copy of the death certificate of Sri. Thankappan is marked to prove his death on 28/09/2014.
Reference:
Ext.A3
Document Type: Copy of Death Certificate
Submitted By: Plaintiff
Relevance:
The copy of the death certificate of Smt. Nalini is marked to establish her death on 29/06/2018.
Reference:
Ext.A3(a)
Document Type: Certified copy of Will Deed
Submitted By: Plaintiff
Relevance:
The certified copy of the Will deed is marked to challenge its validity based on allegations of fraud.
Reference:
Ext.A4
Document Type: Certified copy of Plaint
Submitted By: Defendant
Relevance:
The certified copy of plaint in OS No.1537/2018 is marked to show ongoing litigation regarding the same property.
Reference:
Ext.B1
Document Type: Copy of Plaint Schedule Property
Submitted By: Defendant
Relevance:
The copy of plaint schedule property in OS No.1537/2018 is marked to confirm the details of the property in dispute.
Reference:
Ext.B2

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2018

Quick Facts

Location
Thiruvananthapuram
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Case Filed
Mon, 01/01/2018 - 12:00
Case Closed
Mon, 01/06/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Fri, 01/31/2025 - 12:00
Outcome Confidence
80%

Involved Entities

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