LUCY VARGHESE W/O. VARGHESE, KAITHARAN HOUSE, VARAMKUZHI DESOM, KUTTICHIRA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. vs JOSE, S/O. JOSEPH, MAYYALATH HOUSE, RANDUKAI DESOM, KUTTICHIRA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN - 680001.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Ker) 7392

IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
LUCY VARGHESE W/O. VARGHESE, KAITHARAN HOUSE, VARAMKUZHI DESOM, KUTTICHIRA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. – Appellant
Versus
JOSE, S/O. JOSEPH, MAYYALATH HOUSE, RANDUKAI DESOM, KUTTICHIRA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN - 680001. – Respondent

Advocates:
For the Appellants/Petitioners: Sri.K.S.Bharathan

Table of Content
1. plaintiffs claim ownership under a will. (Para 1 , 2)
2. court framed substantial legal questions. (Para 3)
3. appellant's failure to prove property identity. (Para 4 , 6)
4. improper handling of evidence and procedure. (Para 7 , 8 , 9)
5. court allowed appeal, mandating remand. (Para 10 , 11)

J U D G M E N T

This appeal filed by the plaintiffs in a suit for injunction concurrently non-suited by the courts below.

2. The brief facts necessary for the disposal of the appeal are as follows :-

The plaint schedule property was bequeathed in favour the plaintiff by a registered Will on 24.04.1988. It is alleged that an attempt was made to trespass into the plaint schedule property by the defendant on 19.05.2005 and previously on 17.10.2005 he had attempted to cut and remove the trees standing in the plaint schedule property. The defendant resisted the suit by contending that the plaintiffs have no right over the property, out of the plaint schedule property, 35 cents has been obtained by the 1st plaintiff vide settlement deed No.3151/2000, executed by her father. Contrary to the deed the father transferred 20 cents in the favour of the 1^st plainti the document No.192/

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