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O.S. No.1318/2014

Case between Matilda De Morris et al vs Leans Antony D’Cruz et al regarding impleadment as additional defendants in a partition suit

Court
Court of Additional Munsiff-III
Judge
Smt. Sreelakshmi.C
Order Date
2025-06-12
Duration
approximately-10 years 11 days
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves a partition suit concerning property previously owned by Sri. Late Francis De Morris. The petitioners seek to be added as additional defendants to assert their claims related to the property.

Judgment Outcome

Defendant Won
Interim Order
The application for impleading additional defendants was dismissed by the court, stating that the petitioners were not necessary parties for a decision in the existing partition suit.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The application for impleading additional defendants was dismissed by the court, stating that the petitioners were not necessary parties for a decision in the existing partition suit.
Key Reasoning:
The court found that the petitioners did not provide adequate evidence to show their interest in the property, which was the subject matter of the original suit.
Why Defendant Won:
The court found that the petitioners did not provide adequate evidence to show their interest in the property, which was the subject matter of the original suit.
Supporting Evidence
The petitioner herein has not adduced any evidence to prima facie substantiate their contention with respect to their interest if any over the plaint schedule property.

Judgment Evidence:

Hence I.A.4/2024 stands dismissed.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Matilda De Morris
Party Age
88
Relation
D/o
Party Role
Plaintiff
Party Name
Dennis Jhon De Morris
Party Role
Plaintiff
Party Name
George De Morris
Party Role
Plaintiff
Party Name
Tominal De Morris
Party Role
Plaintiff
Party Name
Juliana @ Juliet De Morris
Party Role
Defendant
Party Name
Leans Antony D’Cruz
Party Age
47
Relation
S/o
Party Role
Defendant
Party Name
Pansy Xavier
Party Age
73
Relation
W/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Defendant
Advocate Name
Smt.Deepak.J.M
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Smt.Dhanya.U.D
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri.Vishnu Hari.R
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri.Basant.L.J
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri.David Varghese Thomas
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri.Premjith.S
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Smt.Sreelakshmi.P
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri.Akshay.P.Chand
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Smt.Abhirami.G.S
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Smt.Sujatha.P.Nair
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Smt.J.Kamalamma
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Refused
Description:
The petitioners sought to be impleaded as additional defendants in the suit.
Evidence:
Hence I.A.4/2024 stands dismissed.

Documents & Evidence

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Matilda De Morris et al vs Leans Antony D’Cruz et al regarding impleadment as additional defendants in a partition suit
Case Code Year
Case between Matilda De Morris et al vs Leans Antony D’Cruz et al regarding impleadment as additional defendants in a partition suit

Quick Facts

Location
Thiruvananthapuram
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Case Filed
Sun, 06/01/2014 - 12:00
Case Closed
From
Sun, 06/01/2025 - 12:00
To
Mon, 06/30/2025 - 12:00
Outcome Confidence
80%

Involved Entities

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