Case Summary
The plaintiffs, Ravi and additional plaintiff Rajani, are siblings suing their brothers Ashokan and Sasi, and sister Remani over property rights following their parents' death. They seek to declare a settlement deed void and partition the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The settlement deed No. 670/2016 is set aside and the plaint schedule property shall be divided into four equal shares.
Case Type
Original Suit
Final Judgment
No
The suit is decreed in favor of the plaintiffs, setting aside the settlement deed and partitioning the property into four equal shares.
Why Plaintiff Won:
The deed was executed without considering the plaintiff's legal rights as a heir.
The deed was executed without considering the plaintiff's legal rights as a heir.
Losing Side's Weaknesses:
The deed was executed without considering the plaintiff's legal rights as a heir.
The deed was executed without considering the plaintiff's legal rights as a heir.
Supporting Evidence
The defendants have no case that the plaintiff is not the son of late Mr. Madhavan and Mrs. Nani couple and he is not a legal heir.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The settlement deed No. 670/2016 dated 01.08.2016 of Kavalayoor S.R.O is hereby set aside. 2. The plaint schedule property shall be divided into four equal shares.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ravi
- Party Age
- 49
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Rajani. S.
- Party Age
- 49
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Ashokan
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sasi
- Party Age
- 59
- Party Role
- Defendant
- Party Name
- Remani
- Party Age
- 53
- Relation
- D/o
Plaintiffs Documents
Certified copy of partition deed No. 491/ 2011, Certified copy of settlement deed No. 670/ 2016, Passport of Ravi, S.S.L.C. book of Ravi.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Bilahari G. R.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Shefin. N.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Kilimanoor. S. Suresh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Settlement deed No. 670/2016 of Kavalayoor S.R.O is hereby set aside.
Evidence:
It is interesting to note that DW1 has admitted the right of the plaintiff in the plaint schedule property.
Relief Type:
Possession
Outcome:
Granted
Description:
The plaint schedule property shall be divided into four equal shares.
Evidence:
The plaint schedule property can be divided into four equal shares and additional plaintiff no.2 is entitled to get one such share.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Prayer for granting permanent prohibitory injunction is hereby dismissed.
Evidence:
So this court is of the view that the plaintiff failed to prove possession over the plaint schedule property.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of partition deed No. 491/ 2011 of S.R.O., Kavalayoor, dated 31/03/2011.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed No. 670/ 2016 dated 01/08/2016.
Reference:
Ext.A2
Document Type:
Passport
Submitted By:
Plaintiff
Relevance:
Passport of Ravi.
Reference:
Ext.A3
Document Type:
SSLC Certificate
Submitted By:
Plaintiff
Relevance:
SSLC book of Ravi.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report submitted by the Adv. Commissioner Sri. Jobin P.S., dated 02/1/2018.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch prepared by the Adv. Commissioner Sri. Jobin. P.S., dated 02/1/2018.
Reference:
Ext.C1(a)
Case Classification
Case Type
Original Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Right of way obstruction
Case Code
Case between Ravi vs Ashokan et al regarding declaration and consequential permanent prohibitory injunction.
Case Code Year
Case between Ravi vs Ashokan et al regarding declaration and consequential permanent prohibitory injunction.