LAXMI PRABHAKAR KULKARNI Vs. SAROJA RAMRAO KULKARNI

JUDGEMENT

(1.) The appellant herein is the plaintiff in O.S.No.25/2004. The suit in question was filed seeking partition and separate possession of the suit properties. The trial Court after considering the rival contentions has dismissed the suit by its judgment and decree dated 22.01.2009. The plaintiff claiming to be aggrieved by the said judgment and decree is before this Court in this appeal.

(2.) The plaintiff is the wife of late Prabhakar Kulkarni and the defendant is the wife of her deceased son Ramrao alias Ramachandra Kulkarni. The deceased son Ramrao who died on 17.11.2003 has left behind the plaintiff namely the mother and the defendant namely the wife as class I heirs. It is in that view, the plaintiff filed the suit seeking her half share in the immovable and movable properties left behind by her deceased son Ramrao. The defendant on being served the summons appeared and filed the written statement. The contention put forth therein is that the property in question is the self-acquired property of the deceased Ramrao alias Ramchandra Kulkarni and a partition had taken place between the husband and the defendant i.e. the mother as well as the brothers on 25.01999. It is contended that after the partition the deceased husband of the defendant was residing separately on an independent status separated from the joint family. In that view, it is contended that claim as put forth by the plaintiff seeking a share in the property is disputed and it was contended that the suit is liable to be dismissed.

(3.) The trial Court on taking note of the rival contentions framed five issues for its consideration, which reads as hereunder;