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2019 Supreme(Ker) 902

K.HARILAL, T.V.ANILKUMAR
Fousiya D/o. Kunhimarakkar – Appellant
Versus
Rajula D/o. Koya Moideen – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.Manuel Kachiramattam, Smt.Merry George
For the Respondent: Sri.M.Muhammed Shafi

JUDGMENT :

T.V.ANILKUMAR, J.

1. This appeal is filed by the claim petitioner in O.P.No.670 of 2009 before the Family Court, Kozhikode, challenging dismissal of her claim seeking to lift attachment before judgment made in respect of 2.83 cents of land allegedly owned by her.

2. She claimed to be the owner of the aforesaid petition B schedule 2.83 cents of land in re-survey No.59/1 of Meenchanda Village acquired as per document No.1910/2009 dated 12.7.2009 of Meenachanda Sub Registry executed in her favour even before the institution of the original petition. It is an admitted fact that she purchased the property before the institution of the original petition.

3. The original petition was filed by the 1st respondent in the claim petition who is the wife of the 4th respondent. The parties are Mohamadans. Respondents 2 and 3 are the minor children born to the spouses. The claim made in the original petition was for an order for recovery of arrears of past maintenance from the father. The claim petitioner is admittedly his sister.

4. According to the claim petitioner, she is a bona fide purchaser for value without notice of the purported claim of minor children in respect of the property. A

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