CHRISTUDAS Vs. CAROLIN BABY

JUDGEMENT

(1.) Challenging the fair and final order passed in I.A.No. 60 of 2009 in O.S.No. 36 of 2006, on the file of the Subordinate Court, Kuzhithurai, the defendant has filed the above Civil Revision Petition.

(2.) Heard the learned Counsel for the petitioner and the learned Counsel for the respondents.

(3.) The plaintiffs filed the suit in O.S.No. 36 of 2006 for partition in respect of 'A' schedule property in respect of the first plaintiff and injunction in respect of the 'C' schedule property in respect of the plaintiffs 2 and 3. According to the plaintiffs, the suit properties originally belonged to the father of the first plaintiff and the defendant viz. Joseph Nadar. On 06.11.1991 the said Joseph Nadar gifted the 'C' schedule property along with the other properties in favour of the plaintiffs 2 and 3. The plaintiffs 2 and 3 are the daughters of the first plaintiff. The plaintiffs 2 and 3 are having absolute title and possession over the 'C' schedule property. The said Joseph Nadar died intestate. Thus the first plaintiff and the defendant are entitled to 1/2 share in the 'A' schedule property.