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VIJU ABRAHAM
Nijith, S/o. Late Nicholas – Appellant
Versus
Nimmy, W/o. Johnson Peter – Respondent
ORDER :
(Viju Abraham, J.) :
The above civil revision petition challenges the order dated 29.05.2024 in O.S.No.76 of 2018 on the file of the Additional Sub Court-I, Ernakulam.
2. The brief facts necessary for the disposal of the civil revision petition are as follows: The petitioners are defendants Nos.1 to 3 and the 1st respondent is the plaintiff and respondents 2 to 4 are defendants Nos.4 to 6 in the suit. The said suit is filed seeking partition, originally in respect of plaint A and B schedule properties and subsequently amended to incorporate C and D schedule properties. The suit was filed claiming partition of all the properties of one late Nicholas who died intestate. It is contended by the respondents that the said Nicholas did not die intestate and he has executed a Will and by the Will, the properties devolved upon the 2nd petitioner herein (2nd defendant) who is his wife. It is the contention of the petitioners that all the properties other than plaint B schedule property are not within the territorial jurisdiction of the Sub Court, Ernakulam and that B schedule property has nothing to do with late Nicholas and it is scheduled as plaint schedule property solely for the pur
Jurisdiction in partition suits involving mixed questions of fact and law requires evidence and cannot be determined solely on preliminary objections.
The main legal point established in the judgment is that the suit must be filed for a cause of action with respect to all properties forming part of the suit, and the court must have territorial juri....
(1) Family Court - There is a dispute between plaintiff and defendant on suit schedule ‘A’ and ‘B’ properties. In accordance with the explanation (c) appended to Section 7(1)(b), the Family Court alo....
The main legal point established in the judgment is that Civil Courts have no jurisdiction to entertain suits relating to properties in Scheduled Areas as per G.O.Ms.No.1573.
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