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2023 Supreme(Online)(KER) 26759

HIGH COURT OF KERALA
ANIL K. NARENDRAN, P. G. Ajithkumar, JJ
BIJU MATHEW
– Appellant
Versus

ANNAMMA @ ROSHINI – Respondent


Advocates:
P.CHANDRASEKHAR, SATHEESH V.T., MANJARI G.B.K.K., MOHAMED RAVUF, HARIDAS AMBOOR KRISHNAN NAIR

JUDGMENT

P.G.Ajithkumar, J.

Ext.P14 is an order of the Family Court, Kottayam at Ettumanoor in E.A.No.1 of 2021 in E.P.No.59 of 2016 in O.P.No.796 of 2010. The petitioner, who is the 3rd judgment debtor, filed E.A.No.1 of 2021 under Rule 29 of Order XXI of the Code of Civil Procedure , 1908. The Family Court dismissed E.A.No.1 of 2021 as per Ext.P4. The petitioner has filed this Original Petition under Article 227 of the Constitution of India.

2. On 13.06.2022, this Original Petition was admitted. Pursuant to notice, the respondents entered appearance. 3. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.

4. E.A.No.1 of 2021 was filed by the petitioner along with the 2nd judgment debtor seeking to stay the execution proceedings in E.P.No.59 of 2016 on the ground that they have filed O.P.No.247 of 2020 to declare the decree in O.P.No.796 of 2010 null and void. Ext.P2 is the judgment dated 21.12.2010 in O.P.No.796 of 2010. It is based on a compromise. Compromise even dated is Ext.P1.

5. O.P.No.796 of 2010 was filed by the 1st respondent, who is the wife of the 2nd respondent. The O.P. was filed not only against her husband, but

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