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2001 Supreme(AP) 48

G.BIKSHAPATHY, B.SUBHASHAN REDDY
P. Srihari – Appellant
Versus
P. Sukunda – Respondent


B. SUBHASHAN REDDY, J.

( 1 ) THIS revision under Article 227 of the Constitution of India is directed against the entertainment of suit in O. S. No. 186 of 1998 on the file of the Family Court, Hyderabad, on the premise that the said Court had no jurisdiction to try the suit and has been wrongly entertained, as the Family Courts Act, 1984 (hereinafter referred to as the Act ) has got no application.

( 2 ) MR. Y. Vasudeva Rao, the learned counsel for the petitioner, submits that the said suit has been filed by the sisters against the brothers and others claiming partition of the property left behind by their father. A petition has been filed under Order VII, Rules 10 and 10-A read with Section 151 of the Code of Civil Procedure by the petitioner herein in the Family Court to return the plaint for presentation in the proper Court, but the same has been dismissed by order dated 6-5-1999 by the Judge, Family Court, Hyderabad in I. A. No. 434 of 1999 in O. S. No. 186 of 1998.

( 3 ) MS. Anitha Ahuja, the learned counsel appearing for the respondents, admits that it is not a marriage dispute. But, she submits that as there is a dispute between the sister and brother regarding property, su




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