MARGRET Vs. JOSEPH MATHEW CHETTUPUZHA

JUDGEMENT

(1.) The challenge in this Original Petition is to the order dtd. 15/11/2018 in I.A No.3455/2018 in O.S No.179/2018 passed by the Additional Subordinate Judge's Court-III, Ernakulam, an application filed by defendant No.1 in the suit under Order VI Rule 16 and Order VII Rule 11 read with Sec. 151 of the Code of Civil Procedure, seeking to strike out the pleadings and reject the plaint.

(2.) The learned Trial Judge rejected the application as per the impugned order. The plaintiff instituted the suit seeking to direct defendant Nos.1 and 2 to execute a release deed in respect of plaint 'A' schedule property in favour of the plaintiff in terms of the family arrangement, partitioning the plaint 'B' schedule property and to declare gift deed No.448/2014 of SRO, Ernakulam as void.

(3.) The defendants resisted the suit denying the alleged family arrangement and contended that defendant No.1 had validly executed the gift deed.