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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DEVAN RAMACHANDRAN, M.B. SNEHALATHA, JJ
RADHA – Appellant
Versus
SUNITHA – Respondent
| Table of Content |
|---|
| 1. petitioner appeals against the execution of property sale based on monetary decree. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments presented regarding the distribution of liability under the decree. (Para 6 , 7) |
| 3. court discusses the necessity of accurate property valuation and liability assessment. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 4. authored judgment requires reconsideration of prior court order and claims distribution. (Para 15 , 16 , 17) |
JUDGMENT Devan Ramachandran, J.
The petitioner challenges Ext.P10 order of the learned Family Court, Thrissur, whereby, her property had been ordered to be put to sale, with an upset price of Rs.5 lakhs, in execution of a decree obtained by the respondent earlier, in EP No.58/2023 in OP No.1935/2017.
2. The respondent herein obtained decree against the petitioner and her deceased son (husband of the respondent) for an amount of Rs.2,42,000/-, being the value of gold ornaments, which she claimed from them, chargeable to their assets. The decree also allowed the respondent to recover past maintenance, of an amount of Rs.1,80,000/-, from her deceased husband.
3. Since the petitioner or her son - while he was alive, did not honour the decree,
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