BINIL THOMAS Vs. SHIBU VIJAYAN

JUDGEMENT

(1.) Challenging Ext.P16 order dated 11.11.2016 in I.A. No. 144 of 2016 in O.S. No. 51 of 2016 and Ext.P11 order of temporary injunction, dated 20.10.2016, in I.A. No. 135 of 2016 in O.S. No. 51 of 2016 of the Gram Nyayalaya, Nedumkandam, the petitioner/defendant came up with this petition challenging the jurisdiction of the Gram Nyayalaya in entertaining a suit of this nature. The subject matter of the suit is an immovable property and the suit is filed for declaration of right of way. Admittedly, the way in question is a private way and not a public way. Gram Nyayalaya entertained the suit and granted an order of injunction. The application in I.A. No. 144 of 2016 challenging the jurisdiction of the Gram Nyayalaya was dismissed under Ext.P16 order.

(2.) The civil jurisdiction of Gram Nyayalaya is governed by Sec. 13 of the Gram Nyayalayas Act, 2008 (for short 'the Act'), which is extracted below for reference:

(3.) The matter in dispute would fall under clause (a) of Sec. 13(1) of the Act, i.e. classes of disputes specified in Part I of the Second Schedule. Part I of the Second Schedule is extracted below for reference: