IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 WP(C).No. 19107 of 2008(Y) -------------------------- OS.88/2008 of PRINCIPAL SUB COURT,ATTINGAL .................... PETITIONER: ------------ 1. PREETHA, D/O.RAVEENDRAN NAIR, RESIDING AT THOTTATHIL VEEDU, KIZHAKKEKARA, MELILA VILLAGE, KOTTARAKKARA TALUK. 2. SHAJI, S/O.K.P.VIKRAMAN PILLAI, RESIDING AT THOTTATHIL VEEDU, KIZHAKKEKARA, MELILA VILLAGE, KOTTARAKKARA TALUK. BY ADV. SRI.M.R.ANANDAKUTTAN SMT.M.HEMALATHA SRI.R.S.MADHU SRI.MAHESH ANANDAKUTTAN RESPONDENTS: ------------- JOHN JOSEPH, S/O.JOSEPH, RESIDING AT PATTARA VEEDU, MUHAMED PANCHAYATH, THANNEERMUKKOM THEKKU VILLAGE, CHERTHALA, ALLEPPEY DISTRICT, NOW RESIDING AT THEKKEVILAKAM HOUSE, KILIMANOOR DESOM, PAZHAYAKUNNUMMEL VILLAGE. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ........................................... WP(C).No. 19107 OF 2008 ............................................ DATED THIS THE 25th DAY OF JUNE, 2008 JUDGMENT Petitioners are defendants 3 and 4 in O.S.88 of 2008 on the file of Sub Court, Attingal. I.A.603 of 2008 was filed by respondent/plaintiff against petitioners, restraining them from forcible eviction and also from alienating the same. This petition is filed under Article 227 of Constitution of India for a direction to Sub Court, Attingal to consider the issue of territorial jurisdiction. 2. Learned counsel appearing for petitioners was heard. The argument of the learned counsel is that Sub Court, Attingal has no territorial jurisdiction to try the suit as the property is situated within the jurisdiction of Munsiff Court, Punalur and only Sub Court, Kottarakkara can try the suit. That is a question to be decided by Sub Court, Attingal while considering Ext.P2 petition. Petitioners are permitted to raise the question before Sub Court, Attingal. Learned Sub Judge shall consider the question of territorial jurisdiction, while deciding Ext.P2 petition. Learned Sub Judge to dispose Ext.P2 petition, as expeditiously as WP(C) 19107/2008 2 possible, at any rate, within two months from the date of receipt of a copy of this judgment. M.SASIDHARAN NAMBIAR, JUDGE lgk/-