ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM)

In the captioned appeal, the appellant has questioned the judgment and decree rendered by the trial Court in O.S.No.318/2014. In the said suit, the appellant herein who is the plaintiff sought a declaration to declare the sale transaction dated 16.04.1994 relating to suit plot relating to respondent/defendant who is the wife as a benami transaction and to declare that the respondent/defendant is the benamidar of the suit property holding that plaintiff is the real owner and for consequential relief of injunction. The said suit was contested by the defendant/wife and the Court has dismissed the suit filed by the plaintiff/husband on merits.

2. The appellant/plaintiff has filed an application in I.A.No.1/2025 seeking leave of the Court to withdraw the suit that was originally filed before the regular Civil Court and to institute a fresh suit on the same cause of action before the jurisdictional Family Court. The primary contention raised by the appellant/plaintiff is that the dispute between the husband and wife pertains to a property that was purchased in the name of the wife, and therefore, the Civil Court lacks juris