SHIHABUDEEN Vs. SEENATH

JUDGEMENT

(1.) Under challenge in this Original Petition is Ext. P-3 order passed by the Family Court, Kottarakkara. The above order is passed by the Family Court in I.A. No. 3007 of 2011 wherein the prayer was that the issue of territorial jurisdiction of the Family Court, Kottarakkara to entertain and try the O.P. be decided as a preliminary issue. Under Ext. P-3, learned Family Court has found that though it is true that the property which is the subject-matter of the case is situated within the limits of the Family Court, Kollam, as one of the parties to the marriage is residing within the limits of the Kottarakkara Court and as the dispute arose out of a family dispute, the Kottarakka Court has co-ordinate jurisdiction to entertain the O.P. The view of the learned Family Court in our opinion is erroneous. The proceeding in question is a proceeding in respect of immovable property situated within the territorial limits of Family Court, Kollam. The principal relief sought for is a decree of declaration of the petitioner's right, title and possession of the immovable property. Going by Section 16 of the Code of Civil Procedure the proceeding which is virtually a suit can be instituted only within the local limits of the court within whose jurisdiction the property is situated.

(2.) Therefore Ext. P-1 O.P. where the principal relief sought for is a decree of declaration in respect of immovable property situated within the territorial limits of Kollam Family Court can be instituted only before the Kollam Family Court. In that view of the matter we set aside Ext. P-3 and allow I.A. No. 3007/11. We direct the Family Court, Kottarakkara to return O.P. 945/10 and all other documents and interlocutory proceedings therein to the person who presented the same so that the same can be presented before the Family Court, Kollam.