HADIYA (MINOR) Vs. SHAMEERA.M.M

JUDGEMENT

(1.) The challenge in this appeal is to the order of dismissal of E.A.No.52/2023 in E.P.No.18/2020 in O.P. No.896/2018 of Family Court, Thalassery. E.A.No.52/2023 was a petition filed by the appellants under Order XXI Rule 58 r/w Sec. 151 of the Code of Civil Procedure to release the petition schedule property from attachment and sale.

(2.) Appellants' case is that the property put in auction for the realisation of decree debt belongs to them; that they obtained the same by virtue of Ext.A1 sale deed bearing No.2035/2021 of SRO, Chokli and after the execution of Ext.A1, they are paying tax in respect of the said property. According to them, their father/ judgment debtor who is the 2nd respondent herein, has no right over the said property and therefore, the petition schedule property is to be excluded from the attachment and sale in the execution proceedings.

(3.) 2nd respondent/judgment debtor did not file any counter to the claim petition.