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2024 Supreme(Ker) 527

ANIL K. NARENDRAN, HARISANKAR V. MENON
Saleena – Appellant
Versus
Mohamedkunhi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : N.M.MADHU, C.S.RAJANI, SARAH ZACHARIAH
For the Respondent: ADV.JAMSHED HAFIZ

JUDGMENT :

Harisankar V. Menon, J.

This first appeal is filed by the applicant in E.A.No.5 of 2023 in E.P.No.32 of 2020 in O.S.No.7 of 2015 before the Subordinate Judge’s Court, Tirur. By the said order, the application presented under order XXI Rule 58 of the Code of Civil Procedure (for short, the ‘Code’) by the petitioner herein, has been rejected by the trial court.

2. The brief facts, necessary for the disposal of this appeal, are that the 1st respondent herein had filed O.S.No.7 of 2015 against the 2nd respondent herein. The above suit was decreed creating a charge on the properties of the 2nd respondent herein. For the realisation of the decree, the property of the 2nd respondent herein was put for sale in public auction on 19.7.2023, pursuant to the order of the execution court, which was sold in auction on 19.7.2023. The petitioner herein is none other than the daughter-in-law of the 2nd respondent herein. She had filed O.P.No.663 of 2023 before the Family Court, Tirur, for realising a sum of Rs.46,20,000/- from her husband and father-in-law (2nd respondent herein), being the value of her gold ornaments appropriated by them, along with I.A.No.2 of 2023 for attachment of the i

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