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2025 Supreme(Online)(Ker) 53861

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. K. NATARAJAN, J
NIJITH – Appellant
Versus
NIMMY – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.M.P.RAMNATH, SHRI.BEPIN PAUL, SMT.S.SANDHYA, SRI.SHALU VARGHESE, SMT.UMA R.KAMATH, SHRI.P.RAJESH (KOTTAKKAL), SEI.M.VARGHESE VARGHESE, SRI.ANTONY THARIAN, SMT.SHANTHI JOHN
For the Respondents: SHRI.SHAHUL HAMEED MOOPPAN, SRI.K.R.SUNIL, SRI.K.M.VARGHESE, SHRI.T.A.NIYAS, SHRI.ARUN T.S., SMT.NAVAMI ANILKUMAR, SMT.SHILPA K.K.

JUDGMENT

(Dated: 27th November, 2025)

This original petition is filed by the petitioners challenging the order dated 05.12.2024, passed by the Additional Sub Judge-I, Ernakulam, in I.A. No.17 of 2024 in O.S. No.76 of 2018, for having rejected the application filed by the petitioner/defendants under Order

14 Rule 1 and 2 read with Section 151 of C.P.C.

2. Heard the arguments of the learned counsel for the petitioners, the counsel for the respondents, and perused the records.

3. The case of the petitioners before the Trial Court is that the respondents filed a suit against the petitioners for the partition of A, B, C, and D schedule properties. The defendants appeared and filed a written statement contending that the ‘B’ schedule property is the self- acquired property of the 2nd defendant; therefore, it is not partible, and the ‘B’ schedule property is situated within the jurisdiction of the Civil Court at Ernakulam, whereas the remaining other properties are situated outside the jurisdiction of Ernakulam Court. It is also contended that the Court at Ernakulam does not have any territorial jurisdiction to try the suit. Therefore, the plaint ought to be returned to the plaintiff to file t

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