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2026 Supreme(Online)(Ker) 24088

IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R. RAVI, J
LEENA T NAIR – Appellant
Versus
SUBHADRA – Respondent


Advocates:
For the Appellants/Petitioners: SMT.V.VIJITHA
For the Respondents: SRI.JOHNSON GOMEZ, SRI.SANJAY JOHNSON, SHRI.SANJITH JOHNSON, SHRI.ARUN JOHNY, SMT.DEEBU R., SHRI.ABIN JACOB MATHEW

JUDGMENT

This original petition has been filed challenging Ext.P13 order in E.A.No.70 of 2025 in E.P.No.21 of 2025 in O.S.No.213 of 2016 of the Munsiff Court, Haripad. The petition before the trial court was filed by the 3rd judgment debtor seeking stay of the execution petition. The contention raised is that the execution is proceeded against a building bearing shop room No.IX/458 while the decree obtained is regarding the building bearing shop room No.IX/463. It is contended that there is nothing to show that the property which is being proceeded against is the decree schedule property and hence the proceedings should be stayed. The execution court considered the contention and rejected the same. The contention taken that the plaint schedule building had been demolished pending an appeal filed against the judgment and hence the appeal itself was not pressed was also considered and the court found that it is not possible to accept the contention regarding the demolition and the contention that the decree is not executable. The issue regarding the number of the building was considered by the trial court in the judgment and the building was identified based on the location and the

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