SAINUDEEN Vs. SHAREEFA K M

JUDGEMENT

(1.) This Transfer Appeal (Civil) has been filed challenging the order passed by the Single Bench of this Court in Tr.P(C).No.83/2017 filed by the first respondent herein. As per the impugned order, O.S.No.119/2014 of the Munsiff Court, Tirur has been withdrawn and transferred to the Family Court, Tirur to be tried along with O.P.No.85/2016 filed by the respondents 1 to 3 herein. O.S.No.119/2014 of the Munsiff Court, Tirur was filed by the appellant herein, against the respondents, seeking a decree to recover the plaint schedule property on the strength of the appellant's title, from the possession of the respondents 1 to 3 herein and if they refuse to abide the decree and vacate the plaint schedule property, allowing him to recover the same through the process of the court. The respondents 1 and 4 herein are the wife and husband respectively and respondents 2 and 3 are their children.

(2.) According to the averments in the Original Suit No.119/2014, the 4th respondent pronounced Talaq and thereby divorced the first respondent. The 4th respondent has executed a sale deed with respect to the plaint schedule property in favour of the appellant herein, and subsequently the respondents 1 to 3 herein trespassed into the said property and took possession of the property. Going by the impugned order, it can be seen that the first respondent had approached the Judicial First Class Magistrate Court-I, Tirur with CMP.No.9109/2013 under the Protection of Women from Domestic Violence Act and obtained Annexure-A4 order, restraining the 4th respondent from alienating the subject matter in O.S.No.119/2014. According to the first respondent, the said order was passed on 25.11.2013 and thereafter, the 4th respondent herein has executed the sale deed in favour of the appellant. In the above backdrop, she approached the Family Court, Tirur and filed O.P.No. 85/2016 seeking a decree declaring that the aforesaid sale deed executed by the 4th respondent herein in favour of the appellant herein is null and void and also for an order of injunction restraining the appellant herein from obstructing the possession and enjoyment of the said property by the first respondent herein. Thus, O.S.No.119/2014 filed by the appellant herein was pending before the Munsiff Court, Tirur against the respondents 1 to 4 herein and O.P.No.85/2016 filed by the respondents 1 to 3 herein against the appellant and the 4th respondent was pending before the Family Court, Tirur. In the above context, the first respondent herein filed the aforesaid Transfer Original Petition seeking an order to withdraw O.S.No.119/2014 from the Munsiff Court, Tirur and transfer the said Original Suit to the Family Court, Tirur for enabling a joint trial with O.P.No.85/2016 pending before the Family Court, Tirur.

(3.) The appellant herein opposed the said application contending that the Family Court, Tirur has no jurisdiction to try the said suit under Section 7 of the Family Court Act. So this Court under Section 24 of the Code of Civil Procedure cannot transfer a case to a Court having no jurisdiction to try the suit.