consent on 26.5.2001) the 1st petitioner executed a cancellation deed on 19.12.97. Thereafter, on 13.1.97, he sold the entire property in favour of the 2nd petitioner who is none other than his own mother. In the meanwhile the respondent/ wife filed the present suit namely O.S.No.1092/2008 before the Munsiff's Court, Thiruvananthapuram for a declaration that the half right over the plaint schedule property belongs to her and that the cancellation deed dated 19.12.97 executed by the 1st petitioner herein who is the 1st defendant and subsequent sale deed dated 13.1.98 executed by the 1st petitioner in favour of the 2nd petitioner herein who is the 2nd defendant in the suit are not binding on the plaintiff and for partition of her half right over the plaint schedule property including the residential building thereon. Initially, an ex parte decree was passed against the petitioners. Ten years thereafter they got the ex parte decree set aside. It was only thereafter that the petitioners raised a question of jurisdiction before the learned Munsiff regarding the jurisdiction of the civil court to decide the dispute. As per Ext.P6 order the learned Magistrate decided the preliminary issue against the petitioners holding that the civil court continues to
