JUDGMENT

The wife of judgment debtor came up with a claim petition under Order XXI Rule 58 C.P.C. in E.A.No.62/2018 in E.P.No.172/2013 during the course of execution of a decree dated 29/08/2013 in O.S.No.360/2012 for recovery of an amount of Rs.15 lakhs with interest, against the attachment of 50.5 cents by order dated 15/12/2012. Her claim is based on a decree of the Family Court in O.P.No.1042/2012 (renumbered as O.P.No.901/2013 of the Family Court, Malappuram) in her favour, for realization of gold ornaments alleged to have been given at the time of her marriage and also claiming maintenance, in which, her husband remained ex parte. The abovesaid property was sold in execution of the said ex parte decree in E.P.No.39/2015 dated 14/07/2015 and bid the property by her and obtained delivery on 26/10/2015, hence the claim under Order XXI Rule 58 C.P.C.. It was allowed by the execution court, against which the decree holder in O.S.No.360/2012 came up.

2. Earlier, the husband/judgment debtor approached the Insolvency Court by maintaining a debtor petition, I.P.No.1/2013, but subsequently he remained absent and not proceeded with the insolvency petition. Consequently, the insolvency pe