PATHMAVATHI KARIPPAPRAMBIL Vs. SHEEJA MAKKORAM VEETIL

JUDGEMENT

(1.) This Original Petition under Article 227 of the Constitution of India is filed by the petitioner in EA No. 33/2014 and judgment -debtor in EP No. 17/2013, against the order passed by the Family Court, Tirur in EA No. 33/2014 in EP No. 17/2013 in OP No. 822/2007 dated 02/07/2014 whereby the Family Court has declined the relief sought for by the petitioner under Sec. 60(c) of the Code of Civil Procedure. The 1st proviso to Sec. 60 and sub -section (c) thereto of the Code of Civil Procedure (hereinafter called 'the CPC") read thus:

(2.) Petitioner's son Jayarajan has married the respondent herein and there were series of disputes between them during their matrimonial life. OP No. 822 of 2007 was filed by the respondent against Jayarajan and the petitioner herein who is his mother claiming gold ornaments and money. The Original Petition was decreed on 08/03/2008 and accordingly a decree to recover an amount of Rs. 3,95,000/ - was passed against the petitioner as well as Jayarajan. Consequent to the decree passed in OP No. 822/2007, respondent decree -holder filed EP claiming an amount of Rs. 4,53,196/ - recoverable from the properties of the petitioner herein who is the 2nd judgment -debtor, evident from Ext. P1. In Ext. P1 Execution Petition, respondent has sought a direction to sell the properties of the petitioner having an extent of 2.25 cents in RS 180/1 of Thuyyam Desom, Edappal Amsom of Ponnani Taluk. In the Execution Petition, petitioner appeared and filed her objection. However, Ext. P1 Execution Petition was heard by the Court below on 05/05/2014 and draft sale proclamation was allowed and the case was posted for proclamation and sale of schedule property to 14/07/2014. It is the case of the petitioner that the proclamation for the sale of schedule property was ordered by the Court below without adverting to the objections raised by the petitioner in the objection to the Execution Petition. Thereupon a review application in Execution Petition was filed seeking review of the order dated 05/05/2004. The said review application was dismissed by Ext. P6 order and it is thus challenging Ext. P6 order, this Original Petition is filed.

(3.) Heard learned counsel for the petitioner and the respondent and perused the pleadings and records. In the review application as well as in the objection to the EP, the thrust of the contention advanced by the petitioner was that the properties proclaimed for sale by the Court was hit by Sec. 60(c) of the Code of Civil Procedure since the same is not entitled to be proceeded with as per the prohibition contained therein. However, the Court below after having entered into a finding that the petitioner has failed to produce any evidence to show that EP schedule property is a land appurtenant to her residential house, declined to grant the relief so raised by the petitioner. The contention advanced by the petitioner before us is that the Court below has not appreciated the evidence available with respect to the said aspect. According to the petitioner, even by adverting to the objections filed by the respondent to the review application, there was sufficient evidence to show that the property put up for sale is the property in which the residential building of the petitioner who is a labourer, is situated and the Court below has totally overlooked the said aspect of the matter and has arrived at a finding that the petitioner is not entitled to get protection under Sec. 60(c) of the Code of Civil Procedure.