ANITHA D. S Vs. P. RAJESWARI THANKACHY

JUDGEMENT

(1.) This Original Petition (Civil) has been filed under Article 227 of the Constitution of India. The order in O.S.No.1001/2019 dtd. 5/11/2021 on the file of the Additional Munsiff-II, Thiruvananthapuram, produced as Ext.P6 herein, is under challenge in this Original Petition.

(2.) Heard the learned counsel for the petitioners as well as the respondents.

(3.) In this matter, as per Ext.P5 judgment of this Court in O.P(C).No.1464/2020, the court below was directed to expedite the disposal of the Suit when some other orders were put under challenge in the above O.P(C). As per the direction in Ext.P5, the Suit ought to have been decided before close for Christmas holidays during 2021. However, a preliminary issue was heard by the learned Munsiff as to maintainability of the Suit. According to the defendants, the Suit is not maintainable before the Munsiff Court since the subject matter of the Suit is one clearly covered under Sec. 7(1)(d) of the Family Courts Act, 1984. Though the contention was raised based on the decision reported in [2005(3) KLT 665 (DB)], Leby Issac v. Leena M.Ninan, the learned Munsiff found that the Munsiff Court has jurisdiction to decide the matter. It has been observed by the learned Munsiff that the main issue to be decided in this case is the partible nature of the property and the genuineness of the Will propounded by the defendants.