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2025 Supreme(Online)(Ker) 27135

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. G. Ajithkumar, J
SUNIL KUMAR – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: R. SUNIL KUMAR, A. SALINI LAL, JINU P. BINU
For the Respondents: PUBLIC PROSECUTOR

JUDGMENT

This original petition is filed with following prayers:

i. To declare that the compromise decree marked as Exhibit P5 substantially decides the lis between the parties.

ii. To declare that CMP 456/22 in MC 417/2013 is not executable in view of the compromise decree marked as Exhibit P5.

iii. Such other reliefs as the court may think proper for the disposal of the case.

(SIC)

2. Petitioner suffered an order in MC No.417/2013 on the file of the Family Court, Nedumangad. According to the petitioner, the entire dispute between the parties are settled as per Ext.P5 compromise decree. Now the 2nd respondent Ext.P9 application to execute the maintenance order. The definite contention of the petitioner is that in the light of Ext.P5, the present execution petition as evident by Ext.P9 is not maintainable. Hence this original petition.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. The way in which this original petition is going to be disposed of, no notice is necessary to the

2nd respondent.

4. The short point raised by the petitioner is that in the light of Ext.P5, Ext.P9 execution petition is not maintainable. I am of the considered opinion that

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