Jebby N. Jung vs M.A. Kunju on 10 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA.No. 6 of 2009(A)


1. JEBBY N. JUNG, W/O. DOMANIC FERNANDEZ,
                      ...  Petitioner

                        Vs



1. M.A. KUNJU, S/O. ABDUL RAHMAN KUNJU,
                       ...       Respondent

2. PATHUMMA BEEVI, D/O. ABDUL RAHUMANKUNJU,

                For Petitioner  :SRI.A.SHAFEEK (KAYAMKULAM)

                For Respondent  :SRI.S.VINOD BHAT

The Hon'ble MR. Justice R.BASANT
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :10/02/2009

 O R D E R
                           R. BASANT &
             P.R. RAMACHANDRA MENON, JJ.
             -------------------------------------------------
                        M.F.A.No. 6 of 2009
             -------------------------------------------------
         Dated this the 10th day of February, 2009

                             JUDGMENT

Basant,J.

This appeal is directed against the order dated 31/10/08

in O.P.(Suc) No.7/05 passed by the learned Munsiff,

Kayamkulam, and is preferred by the counter petitioner in that

O.P. – the appellant herein. The respondents have raised

objection to the maintainability of the appeal. Under the

proviso to Sec.388(2) of the Indian Succession Act, this appeal

is maintainable not before this Court; but before the District

Court, it is pointed out. The learned counsel for the appellant,

after taking time, now submits that he accepts the objection

raised and prays that this appeal may be sent over to the

Additional District Court, Mavelikkara, for disposal in

accordance with law. The said request is accepted by the

M.F.A.No. 6 of 2009 -: 2 :-

respondents also.

2. The Registry shall forthwith forward this appeal to the

Additional District Court, Mavelikkara, to continue with the

proceedings. The parties shall appear before that court on

24/2/2009 without waiting for any further notice from that court.

Interim direction issued shall now continue to remain in force till

that date.

3. This appeal is accordingly dismissed with the above

direction. The learned Additional District Judge shall dispose of

the appeal as expeditiously as possible – at any rate, before the

courts close for mid-summer recess 2009.

Sd/

R. BASANT
(Judge)

Sd/-

P.R. RAMACHANDRA MENON
(Judge)

Nan/

//true copy//

P.S. to Judge

M.F.A.No. 6 of 2009 -: 3 :-