IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 MFA.No. 6 of 2009(A) -------------------- AGAINST THE ORDER DATED 31/10/2008 IN ORDER IN OPSUC.7/2005 of MUNSIFF COURT,KAYAMKULAM .................... APPELLANT(S): COUNTER PETITIONER -------------------------------- JEBBY N. JUNG, W/O. DOMANIC FERNANDEZ, AGED 41 YEARS, MANAGER P.B. NO. 51651, DUBAI UAD NOW RESIDING AT CLOSALI PARAMBIL NEAR COLONY ITC, ILLIKKAL, KILIROOR NORTH, KOTTAYAM DISTRICT. BY ADV. SRI.A.SHAFEEK (KAYAMKULAM) RESPONDENT(S): PETITIONERS -------------------------- 1. M.A. KUNJU, S/O. ABDUL RAHMAN KUNJU, VARAVILAKUTTIYIL HOUSE, KAPPIL EAST MURI, KRISHNAPURAM VILLAGE. 2. PATHUMMA BEEVI, D/O. ABDUL RAHUMANKUNJU, KOHINOOR HOUSE, CHIRAKKADAVOM MURI, KAYAMKULAM. ADV. SRI.S.VINOD BHAT FOR R1 & R2 SMT.S.JASMINE FOR R1 & R2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 10/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 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 :-