KRISHNAN Vs. BEEVI HAMSA @ RUKKIYABEEVI

JUDGEMENT

(1.) The appeal is filed by the petitioner in E. A. 43 of 2010 in E. P. No. 4 of 2010 in O. P. No. 536 of 2007 of the Family Court, Palakkad.

(2.) The application is filed under Order 21, Rule 58 CPC. According to the petitioner, he purchased the property as per Ext. A5 sale deed dated 30. 03. 2007 from the judgment debtor. He contended that he is a bonafide purchaser for valuable consideration.

(3.) The contention of the decree holder was that there was family dispute between herself and her husband and she filed O. P. No. 556/02 before the Family Court, Thrissur and an order of attachment had been passed against the property in question. Later, it was found that the said court had no jurisdiction in the matter and accordingly, the petition was returned for filing before appropriate court as per order dated 26. 03. 2007. The O. P. was re-presented before the Family Court, Palakkad on 4. 09. 2007. It seems that in the meantime, on 9. 4. 2007, Ext. A5 document was executed by judgment debtor in favour of the petitioner.