ANNAMMA MATHEW Vs. XAVIER KAITHARA MATHEW

JUDGEMENT

(1.) The defect noticed is that the order of the Family Court, Kannur dtd. 19/1/2023 and 24/2/2023 in E.P No.16 of 2021 in O.P.No.106 of 2014 are independent and therefore separate appeals are to be filed.

(2.) As per the order dtd. 19/1/2023, the Family Court held that E.P.No.16 of 2021 was maintainable. That is an interlocutory order. Family Court as per the order dtd. 24/2/2023 recorded full satisfaction of the decree and the E.P. was closed. It is the final order disposing of execution petition.

(3.) As per Sec. 105 of the Code of Civil Procedure, 1908 where a decree is appealed from, error, defect or irregularity of an interlocutory order can be a ground for objection in the appeal memorandum. Therefore, in the appeal against the order dtd. 24/2/2023, correctness or legality of order dtd. 21/3/2023 /True Copy/ Assistant Registrar 19/1/2023 can be a ground of objection. Therefore the objection raised by the Registry is not tenable. Registry will number the appeal and list it for admission on 22/3/2023.