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2025 Supreme(Ker) 262

KAUSER EDAPPAGATH
Meeravu Haji, S/o Oorai – Appellant
Versus
T K Makkar S/o Karrorkutty – Respondent


Advocates Appeared:
BY ADVS. T.A.RAFEEK (CHERTHALA) K.HABEEBULLA ABRAHAM P. BINU AKASH ANTONY A.A.
BY ADVS. M.A.VAHEEDA BABU K.PAUL KURIAKOSE BABU KARUKAPADATH(B-13) ARYA RAGHUNATH(K/000474/2018) KARUKAPADATH WAZIM BABU(MAH/8319/2019) P.LAKSHMI(K/001868/2021) AYSHA E.M.(K/001130/2022) ABUASIL A.K.(K/001702/2024) HANIYA NAFIZA V.S.(K/003695/2024) HASHIM K.M.(K/002518/2023) K.A.ANISH(K/741/2007) ZACHARIAH GEORGE.K.(K/001886/2023) JAMSHEED HAFIZ, SC, WAQF BOARD

O R D E R

This review petition is filed to review the judgment of this court in OP(C) No.177/2023, dated 5/11/2024.

2. The review petitioners are respondents 1, 3 and 5, and the respondents are petitioners 1 to 8 and respondents 2, 4, 6 to 15 in OP(C) No.177/2023. The original petition has been filed challenging the order passed by the Munsiff Court, Kothamangalam returning the Execution Petition filed by the decree holder in EP No.23/2019 in OS No.403/1996 to file before the proper court on the ground that it has no jurisdiction to execute the decree as per Section 37(b) of CPC. This Court found that the decree is executable, and the Executing Court has jurisdiction to execute the decree. The order passed by the Executing Court returning the Execution Petition to file before the proper court was set aside, and the Executing Court was directed to proceed with the execution and complete it as expeditiously as possible, at any rate, within a period of three months. Thereafter, the Executing Court after issuing notice under Rule 35 of Order 21 of CPC to all the judgment debtors, deputed Court Amin to take delivery of the property and hand over the same to the decree-holders as per the d


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