Judicial Analysis Court Copy Headnote Facts Arguments Court observation

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SHORT NOTE
KERALA HIGH COURT
R. Basant and Mrs. M.C. Hari Rani, JJ.
Narayanan Namboodiri —Appellant
versus
Saraswathy —Respondent
Mat. Appeal No. 90 of 2007
Decided on 13.10.2009

Advocates:
Counsel for the Parties:
For the Appellant:Millu Dandapani, Advocate.
For the Respondent:M.A.T. Pai, Advocate.

IMPORTANT POINT
Family Court has jurisdiction to execute an order/decree passed by it and even can adjudicate claim of a stranger in such proceeding.

Headnote:(i) Civil Procedure Code, 1908—Order XXI—Execution of decree—Family Court has power to execute an order/decree passed by it except the one passed under Chapter IX of Cr.P.C. (Para 5)
       (ii) Civil Procedure Code, 1908—Order XXI Rule 58—Execution of decree—Claim made by a stranger—Family Court has jurisdiction to consider the claim. (Para 6)
       (iii) Civil Procedure Code, 1908—Order XXI, Rule 58—Family Courts Act,1984—Section 7—Explanation—Section 7 of the Act and it’s Explanation not applicable when claim is raised under Rule 58 of Order XXI of the Code in course of attempt by the Family Court to execute it’s order. (Para 10)
       Result: Appeal allowed.

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