Kerala High Court Resolves Property Dispute: Precedence in Legal Proceedings Established

Kerala High Court Resolves Property Dispute

Legal Battle Over Property Rights: Kerala High Court’s Ruling

In a recent judgment by the Kerala High Court, a legal dispute between Radhika and Unnikrishnan regarding property rights has been resolved. Here’s a breakdown:


Radhika, the petitioner, and Unnikrishnan, the respondent, were embroiled in a legal tussle over property rights covered by document No.1617/1998 of SRO Mullassery. Radhika claimed exclusive ownership of the property, while Unnikrishnan demanded partition of his ½ share from the same property.

Legal Proceedings:

While Unnikrishnan’s case had advanced to the stage of final arguments in the Family Court, Thrissur, Radhika’s petition was still at an early stage, with the process not yet complete.

The Core Issue:

The primary contention was whether the previously initiated suit by Unnikrishnan could be stayed under Section 10 of the Code of Civil Procedure (CPC), considering Radhika’s subsequent suit on the same subject matter.

Court’s Decision:

The Kerala High Court deliberated on the matter and clarified that under Section 10 of the CPC, it’s the subsequent suit that gets stayed if the matter in issue overlaps with a previously instituted suit between the same parties. As Unnikrishnan’s suit was filed earlier and was at a more advanced stage, Radhika’s petition couldn’t stay it.


The court dismissed Radhika’s petition, affirming the precedence of Unnikrishnan’s suit in the legal proceedings over property rights.

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