VIJAYAKUMAR S. Vs. RENJITH KUMAR

JUDGEMENT

(1.) Petitioners are defendants in O.S.No.320 of 2014, on the files of the Munsiff's Court, Changanacherry, filed by the respondent herein. The suit is one for mandatory injunction, directing the petitioners to vacate the plaint schedule residential building. The petitioners are the parents of the divorced wife. The marriage between the respondent and the daughter of the petitioners' was dissolved by a decree and after the dissolution of the marriage, the respondent preferred the above Original Suit, seeking eviction. The petitioners filed a written statement, contending that the petitioners' daughter, the divorced wife of the respondent filed O.P. No.1201 of 2013, before the Family Court, Kottayam, seeking declaration of right of possession over the subject matter of the suit and for realising an amount of Rs.29,95,750/ - from the respondent and for causing the respondent to execute a sale deed with respect to the plaint schedule properties, in favour of her and the said case is also pending for consideration.

(2.) According to the petitioners, since the matrimonial disputes are involved in the Original Suit, the Civil Court has no jurisdiction to try the suit. On the above premises, they pressed for hearing on the preliminary issue, as regards the maintainability of the suit before the Munsiff's Court. After considering the rival pleas with respect to the jurisdiction of the court, the trial court rejected the contention raised by the petitioners and found that the Munsiff Court has jurisdiction to try the suit as the dispute involved in the suit is not one arises out of the circumstances arising out of the marital relationship and the parties are not parties in a suit between the parties to a marriage. The legality, propriety and correctness of the aforesaid finding are challenged in this Original Petition (Civil).

(3.) Heard the learned counsel for the petitioners and the learned counsel appearing for the respondent.