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2022 Supreme(Online)(KER) 17647

HIGH COURT OF KERALA
NASEEMA N.K – Appellant
Versus
USHA BHARATHAN – Respondent


J U D G M E N T

This original petition filed under Article 227 of the Constitution of India against E.P.No.1040 of 2021 in O.S.No.944 of 2018 on the file of the III Additional Munsiff, Thrissur.

2. Prayers in this petition are as follows:-

a) Call for the records connected with case;

b) Declare that the Ext.P7 execution proceedings initiated by the Execution Court in E.P.No.1040/2021 in O.S.No.944/2018 is without the authority of law.

c) Set aside Ext.P7 Execution Petition as it has filed without any competence as the lower court and execution court has proceeded with the case without any jurisdiction;

d) Pass such other orders as are deemed fit, fair and necessary in the facts and circumstances of the case.

3. At the time of hearing, the learned counsel for the petitioner pressed for the remedies, as canvassed, though she failed to convince this Court how the execution of a valid decree passed that too on contest, to be interdicted with.

4. Admittedly, a valid decree passed in O.S.No.944 of 2018 by the III Additional Munsiff, Thrissur on 19.01.2021 has been put in execution. At this juncture, the defendant approached this Court with the above prayer. I do not think that a valid decree put

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