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2011 Supreme(Ker) 123

THOTTATHIL B.RADHAKRISHNAN, P.S.GOPINATHAN
Jineev K. K. Alancheril – Appellant
Versus
Sherly Mathew – Respondent


Advocates Appeared:
For the Appellants:V.P. Mohammed Niyaz, Advocate.
For the Respondents:Mrs. T.S. Maya (Thiyadil), M.S. Narayanan (Amicus Curiae), R2, Mrs. Princy Xavier, R1, R.T. Pradeep, V. Vijulal, Advocates.

JUDGMENT :-

Thottathil B. Radhakrishnan, J.

1. These appeals arise from a common order of a Family Court, allowing two claim petitions. The Registry stood by the order issued by this Court in Sabu Eranackal v. Niggy Sabu (2009 (4) KLT 704) and raised the objection that these appeals are not to be registered as Execution First Appeals, but only as Matrimonial Appeals. This objection was contested on behalf of the appellant. We heard the learned counsel for the parties and Adv. M.S. Narayanan as Amicus Curiae.

2. When a claim petition is decided, that order is deemed to be a decree in terms of Order XXI Rule 58(4) of the Code of Civil Procedure. Therefore, it becomes appealable under Section 96 of CPC. This principle is well settled and also stands with the support of the Bench decision of this Court in Anto Mamkoottam v. Peruvanthanam Service Co-operative Bank (1996 (2) KLT 962). That view applies to proceedings in the civil court.

3. It is beyond dispute that the order appealed against is a final order of the Family Court. When it comes to the Family Court, Section 19(1) of the Family Courts Act provides for appeal against every judgment or order, not being an interlocutory order,



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