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2025 Supreme(Online)(KER) 11445

HIGH COURT OF KERALA
BASANT BALAJI, J
SHAFANATH – Appellant
Versus
MUHAMMED HARIS K.T. – Respondent


Advocates:
THAREEQ ANVER K., K.SALMA JENNATH, ARUN CHAND RASSAL, JANARDHANAN A., K.C.KHAMARUNNISA, FIROZ K.M., M.SHAJNA(K/1017/2006), P.C.MUHAMMED NOUSHIQ(K/000564/2017)

ORDER

Dated this the 11th day of February, 2025

The defenants 1 and 2 in O.S. No. 334 of 2024 on the files of the Munsiff’s Court, Parappanangadi are the petitioners. The suit was filed by the respondent as plaintiff seeking permanent prohibitory injunction from possible eviction and interfering with the business in the plaint schedule property otherwise than due process of law.

2. The 1st petitioner is the wife of the respondent and the 2nd petitioner is the father of the 1st petitioner. 1st petitioner and the respondent are having matrimonial disputes between them. When an application filed under Order 39 Rule 1 came up for consideration before the learned Munsiff, the defendant raised a contention that the court does not have jurisdiction and the issue of maintainability has to be heard first. Therefore, an issue was raised as to the maintainability of the case before the court in view of Section 7 of the Family Courts Act .

3. The court below having heard the learned Counsel for the petitioner as well as the learned Counsel for the respondent and taking note of the intent of Section 7 of the Family Courts Act , came to the conclusion that the suit document which is a lease agre

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