UNNIKRISHNAN Vs. SUNITHA

JUDGEMENT

(1.) The petitioner is invoking the supervisory jurisdiction vested on this court under Article 227 of the Constitution of India, seeking for a declaration that the Family Court, Ernakulam is not having territorial jurisdiction to entertain E.P.No.6/2017 in O.P.No.267/2014 for taking steps against the person of the petitioner and against his properties, which situates outside the local limits of that court. Inter alia, the petitioner is seeking direction to the Family Court to keep in abeyance all further proceedings in E.P.No.6/2017.

(2.) The parties herein have settled the original petition, O.P.No.267/2014, before the Family Court through a mediation. A 'Memorandum of Agreement' executed under Section 89 of the Code of Civil Procedure was produced before that court, based on which O.P.No.267/2014 was decreed. The respondent herein filed E.P.No.6/2017 alleging that the petitioner had violated the terms of the decree and by praying the following reliefs:

(3.) The petitioner entered appearance in the Execution Petition and filed counter, inter alia contending that the Family Court at Ernakulam has no territorial jurisdiction to execute the decree in question, because the property sought to be attached and sold situates within the limits of Thrissur District. He had also filed E.A.No.131/2018 before that court seeking to hear and decide the preliminary issue regarding territorial jurisdiction of the Family Court, Ernakulam, before proceeding with further steps in the Execution Petition. It is stated that, without considering the said application, the Family Court posted the case to 14.11.2018.