JUDGMENT :

K.Harilal, J.

The questions that arise for consideration in this Mat. Appeal are as follows :

(1). Whether the court, which passed the decree, has ceased to have jurisdiction to execute a decree, if the territory, within which the property is situated, is transferred from the jurisdiction of that court to the jurisdiction of another court, by the establishment of the latter court.

(2). Whether the court, which passed decree, can proceed with sale of the property attached before judgment, where the territory, within which the said property is situated, is transferred to another court by the establishment of that court, notwithstanding the bar that the court, which passed the decree, cannot proceed with execution against the property outside the local limits of its jurisdiction, under Section 39(4)of the CPC.

2. The appellant herein is the decree holder in EP.No.8/2013 in OP.No.415/2010 of the Family Court, Thiruvalla and the aforesaid EP was filed, in execution of the decree, passed by the said court against the respondents 1 to 3 herein in the said OP. The property, which is sought to be sold in execution of the decree, was attached before judgment under Order 38 Rule 5 of th