SANDHYA M.N. Vs. BINU G. PILLAI

JUDGEMENT

(1.) The questions that arise for consideration in this Mat. Appeal are as follows:

(2.) The appellant herein is the decree holder in EP. No. 8/2013 in OP. No. 415/2010 of the Family Court, Thiruvalla and the aforesaid EP was filed, in execution of the decree, passed by the said Court against the respondents 1 to 3 herein in the said OP. The property, which is sought to be sold in execution of the decree, was attached before judgment under Order 38 Rule 5 of the CPC. Subsequently the attachment was made absolute and after the decree at the execution stage, the property was sold in public auction, after complying all the legal formalities. While so, the respondents 1 to 3 filed EA. No. 107/2014 in the EP challenging the jurisdiction of the Family Court, Thiruvalla to execute the decree. According to the respondents 1 to 3, after the institution of the aforesaid EP before the Family Court, Thirnvalla, the property which was sold in execution of the decree was transferred to the Family Court, Pathanamthitta by the establishment of that Court on 03/08/2013. According to them, by the establishment of the Family Court at Pathanamthitta, the Family Court, Thiruvalla has lost its jurisdiction over the territory within which the property sold in execution is situated. So, after the bifurcation of jurisdiction of the Family Court, Thiruvalla by the establishment of the Family Court, Pathanamthitta, the Family Court, Thiruvalla has no jurisdiction to execute the decree.

(3.) The appellant herein filed objection challenging the maintainability of EA. No. 107/2014. According to the appellant herein, the application was highly belated. Now the sale is over and stands confirmed. The objection, challenging the maintainability of the EP, should have been raised at the earliest, immediately after the filing of the EP. But, no objection was raised challenging the territorial jurisdiction and power of the Court in executing the decree till the confirmation of sale.