M. CHAITHRA Vs. SARASAKUMARI @ SARASAMMA

JUDGEMENT

(1.) In this petition, the petitioner seeks the following reliefs:

(2.) Heard the learned counsel for the petitioner and the learned counsel for the respondents and perused the material on record.

(3.) A perusal of the material on record will indicate that the petitioner/plaintiff is none other than the daughter of respondent No.1-Smt. Sarasakumari @ Sarasamma, who is also the mother of respondent No.2-B.M.Chaya and respondent No.3-B.M.Hemanthkumar. The relationship between the parties is not in dispute and the petitioner/plaintiff instituted the aforesaid suit against the respondents/defendants for partition and separate possession of her alleged share in the suit schedule immovable properties comprising of 7 items of immovable properties. The respondent No.1/defendant No.1 filed a written statement contesting the suit and also putting forth a counter claim specifically contending that she has no objection to effect partition in respect of item Nos.1 to 4, 6 and 7 of the suit schedule properties, but the suit in respect of item No.5 of the suit schedule properties was liable to be dismissed since the same was the separate self-acquired and stridhan property of respondent No.1/defendant No.1 and during her lifetime, respondent No.1 had gifted the said property in favour of respondent No.3.