K.R.RAJEESH KUMAR Vs. K. NALINI RAGHAVAN

JUDGEMENT

(1.) This Original Side Appeal is directed against the order dated 13 September, 2012 in Application No.3953 of 2012 in C.S.No.469 of 2008, whereby and whereunder the learned Judge was pleased to dismiss the application filed for including one item of property to the suit schedule for the purpose of partition.

(2.) The appellant is the son of the first respondent. Respondents 2 and 3 are his sister and brother respectively. The appellant filed a Civil Suit in C.S.No.469 of 2008 before the Original Side of this Court praying for passing a preliminary decree, to partition the plaint schedule property into four shares and to allot one such share to him. The Schedule to the plaint contains only one item of property, which is stated to be a residential house, where the parties are now residing.

(3.) The appellant in his plaint in C.S.No.469 of 2008 contended that the schedule property was purchased by his father in the name of the first respondent out of his income and as such, the property is deemed to be a joint acquisition. It was the concrete case of the appellant that the first respondent had no independent source of income and as such, she was only a name lender for purchasing the schedule property. The father of the appellant constructed a residential house in the property. The appellant, respondents and their father lived in the said house. Subsequently, his father died and thereafter, differences of opinion arose between the appellant and the third respondent on the one side and respondents 1 and 2 on the other side. This resulted in filing the Civil Suit for partition.