SARAFUNNISA D/O MATTARACKAL KOTTOTH MOHAMED Vs. HAFSA

JUDGEMENT

(1.) The petitioners herein are the plaintiffs and the respondents are the defendants in O.S. No. 8/2024, on the files of the Sub Court, Manjeri. The suit is one for partition.

(2.) The case of the petitioners is that they are the co-owners of the property comprised in Rs.45.001 of Karuvarakundu village in Malappuram District. The property originally belonged to Mohammed@ Bapputty, and his children obtained purchase certificate from the Land Tribunal. All these properties are lying as a single plot and the respondents herein are the co-owners of the property. After the death of the petitioners' father Mohammed@ Bapputty, the property is being managed by the petitioners along with other legal heirs and their mother Ummeriya. Meanwhile, the property belonged to the petitioners as well as other co-owners were acquired by the government for National Highway and the National Highways authority had referred the matter to the Additional District Court, Manjeri, since there was dispute with regard to the apportionment of the compensation amount. The Additional District Court taken the matter into file and numbered as L.A.R Nos.14/2024, 15/2024, 19/2024, 21/2024, 22/2024, 25/2024 and 47 of 2024.

(3.) Altogether, there are seven matters pending before the Additional District Court in which the petitioners received notice from the court and filed written statement. The suit pending before the Sub court is pertaining to the title and possession of the same property which is also in question in the Land Acquisition Reference. Hence, for avoiding divergent decision on the same question with respect to the same property, the petitioners seek transfer of O.S. No 8/2024 pending before the Sub Court, Manjeri to the Additional District Court, Manjeri.