Case Summary
The plaintiffs are the close relatives of Mr. Suresh Babu, who has been missing since 15.08.1990. They seek a declaration of his civil death to facilitate legal proceedings regarding his estate.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The civil death of Mr.Suresh Babu is hereby declared.
Case Type
Civil Suit
Final Judgment
No
The court declared the civil death of Mr. Suresh Babu, thus recognizing the plaintiffs' claim regarding his presumed death.
Why Plaintiff Won:
The plaintiffs provided sufficient evidence and made reasonable efforts to trace Mr. Suresh Babu.
The plaintiffs provided sufficient evidence and made reasonable efforts to trace Mr. Suresh Babu.
Losing Side's Weaknesses:
The plaintiffs provided sufficient evidence and made reasonable efforts to trace Mr. Suresh Babu.
The plaintiffs provided sufficient evidence and made reasonable efforts to trace Mr. Suresh Babu.
Supporting Evidence
The oral and documentary evidence would go to show that Mr. Suresh Babu is not heard from 15.08.1990.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The civil death of Mr.Suresh Babu, S/o Neelakantakurup, Chandravilasom, Edamom Nila, Maruthikunnu P.O., Kudavoor Village, Varkala Taluk is hereby declared.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Thankamma Amma
- Party Age
- 80
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Ramachandran Nair
- Party Age
- 62
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Geetha Kumari
- Party Age
- 58
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- The State of Kerala
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- The Tahsildar
- Relation
- Represented by
Plaintiffs Documents
14-08-1997 – Extract of Death Certificate in respect of Sri. K. Neelakanta Kurup, 25-03-1972 – Secondary School Leaving Certificate of Sri. Suresh Babu N., 28-03-1977 – Cancelled Passport of Suresh Babu N., 08-07-2021 – Family Membership Certificate, 14-05-1990 – Certified Copy of Settlement Deed.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. J. KesavanKutty Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Ramees Beevi
- Appearance Type
- Government Pleader
- Law Firm
- Additional Government Pleader
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration of civil death of Mr. Suresh Babu.
Evidence:
The civil death of Mr.Suresh Babu, S/o Neelakantakurup, Chandravilasom, Edamom Nila, Maruthikunnu P.O., Kudavoor Village, Varkala Taluk is hereby declared.
Relief Type:
Other
Outcome:
Not Decided
Description:
Costs
Evidence:
Considering the facts and circumstances of the case, parties can be directed to suffer their respective costs.
Documents & Evidence
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Extract of Death Certificate in respect of Sri. K. Neelakanta Kurup issued by Navaikulam Grama Panchayath.
Reference:
Ext.A1
Document Type:
School Leaving Certificate
Submitted By:
Plaintiff
Relevance:
Secondary School Leaving Certificate No. 474546 of Sri. Suresh Babu N.
Reference:
Ext.A2
Document Type:
Ration Card
Submitted By:
Plaintiff
Relevance:
Ration Card No. TVM 313271 in respect of Sri. Neelakanta Kurup.
Reference:
Ext.A3
Document Type:
Cancelled Passport
Submitted By:
Plaintiff
Relevance:
Cancelled Passport No. L 529387 of Suresh Babu N.
Reference:
Ext.A4
Document Type:
Family Membership Certificate
Submitted By:
Plaintiff
Relevance:
Family Membership Certificate (digital) No. 56723656 issued from Kudavoor Village Office.
Reference:
Ext.A5
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified Copy of Settlement Deed No. 876/1990 issued from Navaikulam SRO.
Reference:
Ext.A6
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land Tax Receipt (digital) No. KL01060601706/2021 issued from Kudavoor Village Office.
Reference:
Ext.A7
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land Tax Receipt (digital) No. KL01060601703/2021 issued from Kudavoor Village Office.
Reference:
Ext.A8
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land Tax Receipt (digital) No. KL01060601700/2021 issued from Kudavoor Village Office.
Reference:
Ext.A9
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land Tax Receipt (digital) No. KL01060601699/2021 issued from Kudavoor Village Office.
Reference:
Ext.A10
Document Type:
Application to Tahsildar
Submitted By:
Plaintiff
Relevance:
Copy of Application to Tahsildar, Varkala attached with receipt dated 11-08-2021.
Reference:
Ext.A11
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Copy of Notice U/s 80 of CPC submitted to District Collector, Thiruvananthapuram with dated signature and seal of District Collector’s Office.
Reference:
Ext.A12
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter No. B27659/2021 issued to plaintiffs by Tahsildar, Varkala.
Reference:
Ext.A13
Document Type:
Letter of Reply
Submitted By:
Plaintiff
Relevance:
Letter of reply No. B2/7659/2021 issued by District Collector through Tahsildar, in response to S. 80 CPC Notice.
Reference:
Ext.A14
Document Type:
Letter of Reply
Submitted By:
Plaintiff
Relevance:
Letter of reply to S. 80 CPC Notice issued by District Collector’s Office.
Reference:
Ext.A15
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Presumption of death
Case Code
Case between Thankamma Amma et al vs The State of Kerala et al regarding declaration of civil death.
Case Code Year
Case between Thankamma Amma et al vs The State of Kerala et al regarding declaration of civil death.