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2023 Supreme(Online)(KER) 12278

HIGH COURT OF KERALA
A. Muhamed Mustaque, SOPHY THOMAS, JJ
FAIZAL KHAN – Appellant
Versus
N.HASEENA BEEVI – Respondent


Advocates:
SRI.R.DIVAKARAN, SRI.T.K.ANANDA KRISHNAN, SRI.K.S.JAIN

J U D G M E N T

Sophy Thomas, J.

The claim petitioner in EA No.63 of 2013 in EP No.120 of

2009 in OP No.1191 of 2006 on the file of Family Court, Thiruvananthapuram is the appellant herein, impugning the order dated 16.02.2015.

2. The appellant filed EA No.63 of 2013 for lifting the attachment over five cents of property comprised in Survey No.2659/3 of Muttathara village, which he had purchased as per sale deed No.2011/11, from the 6th respondent, who is the husband of the 1st respondent. He had made due enquiries before purchasing that property, and finding no encumbrance, he purchased the same, paying full consideration. But, when he approached the village office for remitting basic tax, he came to know that the said property was attached through court proceedings on 06.09.2011. On enquiry, he came to know that the 1st respondent and her children filed OP No.1191 of 2006 against the 6th respondent-husband for monetary reliefs including maintenance. A decree was passed in their favour on 05.01.2009, and the liability under the decree was around Rs.11.45 lakhs. The decree holders filed EP No.120 of 2009 for executing the decree, and attachment was sought over the five cents of prope

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