Case Summary
The case involves Alex J Lopez's legal heirs as plaintiffs and Tessy Roy as the defendant regarding an obstruction petition in execution proceedings related to a prior decree. The plaintiffs are seeking to enforce a court order, but the defendant has filed an obstruction petition claiming rights to the property.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Execution Application
Final Judgment
No
The obstruction petition filed by Tessy Roy was dismissed by the court. The court found that the petition was maintainable and dismissed it without prejudice to allow for adjudication of rights.
Key Reasoning:
The court found that the obstruction petition was maintainable.
The court found that the obstruction petition was maintainable.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The obstruction petition is maintainable and is not liable to be dismissed for reasons stated by the petitioner herein.
Judgment Evidence:
In the result, this application is dismissed. No order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Stancy Pereira
- Party Age
- 69
- Relation
- W/o Late Alex J Lopez
- Party Role
- Plaintiff
- Party Name
- Berny Alex Lopes
- Party Age
- 46
- Relation
- W/o Alex J Lopez
- Party Role
- Plaintiff
- Party Name
- Mary Brigy
- Party Age
- 38
- Relation
- W/o Harris Andrew
- Party Role
- Plaintiff
- Party Name
- Bapisa Alex Lopez
- Party Age
- 46
- Relation
- W/o Shibu Netto
- Party Role
- Defendant
- Party Name
- Tessy Roy
- Relation
- W/o Francis Joy Jerald
Plaintiffs Documents
Original decree dated 19/07/2006, Execution petition documents.
Defendants Documents
Power of attorney dated 16/06/2025.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv.Jibin A George Thomas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv.Sri.Vellarada Rethin
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Refused
Description:
Obstruction petition was filed seeking to contest the execution of a prior order.
Evidence:
Therefore I am not inclined to dismiss the obstruction petition as not maintainable as the same can be adjudicated after adducing evidence.
Documents & Evidence
Document Type:
Plan
Submitted By:
Court
Relevance:
The court referenced the plan to determine the extent of property in question.
Reference:
Ext.C1
Case Classification
Case Type
Execution Application
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
EA.NO.
Case Code Year
2025