IN THE HIGH COURT OF KERALA AT ERNAKULAM
Sathish Ninan, P. Krishna Kumar, JJ
I.K.PREMALATHA – Appellant
Versus
K.ANITHA – Respondent
Sathish Ninan, J.
The suit for partition was dismissed by the trial court. The plaintiff is in appeal.
2. The plaintiff is the mother and the defendant is the wife of one late Renjith. He died on 22.02.2017. The plaintiff and the defendant are the only legal heirs, no issues having been born in the wedlock. According to the plaintiff, the properties sought to be partitioned belonged to late Renjith. The properties are described in schedule ‘A’ to ‘E’ of the plaint. Plaint ‘A’ and ‘B’ schedule are immovable properties. Schedule ‘C’ consists of a scooter, the contents of a safe deposit locker, and deposits in Banks and Kerala State Financial Corporation (KSFE). Schedule ‘D’
is the amounts covered under various insurance policies and schedule ‘E’ is the provident fund amount. The plaintiff and the defendant are entitled to 1/2 shares each, is the claim.
3. Though the defendant filed a written statement, denying the plaint claim, she remained ex parte during the trial.
4. The trial court dismissed the suit on the failure of the plaintiff to adduce evidence to prove the title of late Renjith.
5. We have heard Shri.B.J. Bhaskar, the learned counsel for the appellant and Shri.T.K. Sandeep, the
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