C.V.Mathew v. Samuel Mathew

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 27TH DAY OF NOVEMBER 2015/6TH AGRAHAYANA, 1937 OP(C).No. 2891 of 2015 (O) --------------------------- OS.NO. 148/2010 OF MUNSIFF COURT, THIRUVALLA --------------- PETITIONER/DEFENDANT:

---------------------------------------- C.V.MATHEW, AGED 67 YEARS, S/O. PHILIPOSE, CHIRIPARAMBILAYA KALKUZHIYIL HOUSE, PERUMPETTY P.O., MURI AND VILLAGE, MALLAPPALLY TALUK.

BY ADVS.SRI.P.HARIDAS SRI.P.C.SHIJIN RESPONDENT/PLAINTIFF:

------------------------------------------ SAMUEAL MATHEW, AGED 36 YEARS, S/O. C.V.MATHEW, CHIRIPARAMBILAYA KALKUZHIYIL HOUSE, PERUMPETTY P.O., MURI AND VILLAGE, MALLAPPALLY TALUK, REPRSENTED BY POWER OF ATTORNEY HOLDER MATHAI KURIAN, AGED 60 YEARS, S/O. PHILIPOSE MATHAI, KANAMOOTTIL HOUSE, KOTTANADU MURI, PERUMPETTY VILLAGE, MALLAPPALLY TALUK- 689 645.

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 27-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

OP(C).No. 2891 of 2015 (O) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 - A TRUE COPY OF THE SALE DEED NO.897/1994 DT. 23.5.1994 OF THE SUB REGISTRY OFFICE, MALLAPPALLY.

P2 - A TRUE COPY OF THE PLAINT IN OS NO. 148/2010 DT. 19.3.2010 FILED BY THE RESPONDENT BEFORE THE MUNSIFF'S COURT, THIRUVALLA. P3 - A TRUE COPY OF THE WRITTEN STATEMENT DT. 29.07.2010 FILED BY THE PETITIONER IN OS NO. 148/2010 BEFORE THE MUNSIFF'S COURT, THIRUVALLA.

P4 - A TRUE COPY OF THE PETITION, IA NO. 2864/2015 FILED SEEKING TO ACCEPT COUNTER CLAIM.

P5 - A TRUE COPY OF THE COUNTER CLAIM DT. 15.09.2015. P6 - A TRUE COPY OF THE ORDER IN IA NO. 2864/2015 IN OS NO. 148/2010 DT. 19.09.2015 OF THE MUNSIFF'S COURT, THIRUVALLA. P7 - A TRUE COPY OF THE PETITION IA NO. 2970/2015 FILED BY THE PETITIONER IN OS NO. 148/2010 BEFORE THE MUNSIFF'S COURT, THIRUVALLA, DATED 26/9/2015 P8 - A TRUE COPY OF THE OBJECTION TO EXHI' P7 FILED BY THE RESPONDENT. P9 - A TRUE COPY OF ORDER IN IA NO. 2970/2015 IN OS NO. 148/2010 DT. 18.11.2015 OF THE MUNSIFF'S COURT, THIRUVALLA. RESPONDENT(S)' EXHIBITS:

NIL ------------------------------------------ /TRUE COPY/ P.A.TO JUDGE sts

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - O.P.(C)No.2891 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of November, 2015

J U D G M E N T

Petitioner is the defendant in OS.148 of 2010 on the file of Munsiff, Thiruvalla filed by the respondent, who is none other than his son. The suit is for partition. Admittedly, the title deed stands in the name of the petitioner and the respondent. The contention of the petitioner is that the respondent is only a name lender and the property was purchased with the amount advanced by him alone and the property is not partible. After the evidence was recorded the petitioner filed Ext.P4 application to receive a counter claim. That has been dismissed by the impugned order.

2.

Heard.

3.

In the counter claim the prayer is to declare that it was the petitioner who paid the entire consideration for the property and he alone is entitled to it. This is totally unnecessary because in the written statement the defence set up him is that it was he who paid the entire

O.P.(C)No.2891 of 2015 consideration and he alone is entitled to the property and hence the property is not partible. The learned trial court rightly dismissed the application.

In the result this OP is dismissed.

sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge