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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR.JUSTICE BASANT BALAJI, J
Sarafunnisad/o MATTARACKAL KOTTOTH MOHAMED @@@ BAPPUTY – Appellant
Versus
HAFSA D/o MATTARACKAL KOTTOTH MOHAMED @@@ BAPPUTTY – Respondent
JUDGMENT :
1. The petitioners herein are the plaintiffs and the respondents are the defendants in O.S. No. 8/2024, on the files of the Sub Court, Manjeri. The suit is one for partition.
2. The case of the petitioners is that they are the co-owners of the property comprised in RS 45/1 of Karuvarakundu village in Malappuram District. The property originally belonged to Mohammed @ Bapputty, and his children obtained purchase certificate from the Land Tribunal. All these properties are lying as a single plot and the respondents herein are the co-owners of the property. After the death of the petitioners’ father Mohammed@ Bapputty, the property is being managed by the petitioners along with other legal heirs and their mother Ummeriya. Meanwhile, the property belonged to the petitioners as well as other co-owners were acquired by the government for National Highway and the National Highways authority had referred the matter to the Additional District Court, Manjeri, since there was dispute with regard to the apportionment of the compensation amount. The Additional District Court taken the matter into file and numbered as L.A.R Nos.14/2024, 15/2024, 19/2024, 21/2024, 22/2024, 25/2024 and 47
A civil court lacks jurisdiction to partition property already acquired by the land acquisition authority, necessitating transfer of the suit to the competent court to avoid conflicting decisions.
The court emphasized the necessity of transferring cases to the same court when parties and issues are similar to prevent conflicting decisions.
Transfer of suits under Section 24 of CPC requires clear similarity of cause of action or parties; advanced stage of trial weighs against transfer.
The balance of convenience is crucial in deciding transfer applications, weighing the interests of both parties, not solely the plaintiff's choice.
Jurisdiction in partition suits involving mixed questions of fact and law requires evidence and cannot be determined solely on preliminary objections.
Principal District Judge would have the power to withdraw a suit, appeal or other proceeding pending on the file of one Additional District Judge and transfer the same to the file of another District....
Transfer of civil proceedings - When an appeal is filed under Section 5(i) of Kerala High Court Act, 1958 against order passed under Section 24 of Code of Civil Procedure by a learned Single Judge, D....
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