The objection being upheld, the final decree was set aside and there was thus numberoccasion for the High Court to decide the other points arising in this appeal.
12 in the Court of District Judge before whom the objection to the jurisdiction assumed by the Manjeri Court was again taken but was repelled with the result that the final decree was companyfirmed.
immediately took an objection that the Manjeri Court had numberterritorial jurisdiction to hear the application and that the matter should have been agitated in the Court of Munsiff at Parappananagadi.
Appeal by special leave from the judgment and decree dated the 3rd April, 1969 of the Kerala High Court in S.A. No.
An appeal was filed against final decree by defendant No.
The objection was overruled by the Manjeri Court which proceeded to partition the property by metes and bounds and ultimately passed a final decree in that behalf on 9th July, 1968.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
1 and Ors.
S. Nambiyar for the Appellants.
The suit was filed in the Court of Munsiff at Parappanangadi in the year 1938.
That Court passed a preliminary decree for partition on the 18th February, 1940 and thereafter the parties took numberfurther interest in the matter for more than two decades.
The Judgment of the Court was delivered by KOSHAL, J. This appeal by special leave is directed against the judgment dated 3rd of April, 1969 of the High Court of Kerala rendered in a Second Appeal arising from a suit for partition of immovable property.
564 of 1970.
T. Harindra Nath, N. Sudhakaran and M.R.K. Pillai for Respondent No.
In the mean time the High Court passed an order dated December 22, 1956 redefining the territorial limits of the Courts of Munsiffs functioning in district Calicut, of which the Court of Munsiff at Parappanangadi was one.
According to that order the territory in which the property disputed in the suit was situated, came under the territorial jurisdiction of the Munsiffs Court at Manjeri and it was in that Court that the plaintiff filed, on the 18th January, 1966 an application A. No.
266 of 1968.
