PREM JYOTI Vs. SUSHILA GOEL

JUDGEMENT

(1.) THE present appeal has been filed under Section 19 of the Family Court Act 1984 against the order dated 26th September,2011 in Execution Case No. 13 of 2009 (Smt. Sushila Goel Vs. Krishna Mohan Goel and another). The court below by the order under appeal has rejected the objections purporting to have been filed under Section 47 of CPC., by the appellants herein.

(2.) THE background facts may be noticed in brief. The decree holder Smt. Sushila Goel obtained a decree of divorce from the court of Civil Judge (Senior Division), Etawah as also decree for payment of maintenance, in Case No.1133/1988 decided on 23rd January, 2008. Under the said decree, it has been provided that Smt. Sushila Goel, decree holder is entitled to get a sum of Rs.10,00000.00 as permanent alimony. She filed the Execution Case No. 14 of 2008 at Etawah. The said decree has been transferred to district Meerut and ultimately it reached to Family Court, Meerut. Before the transferee court, the present appellants, namely, Prem Jyoti and others filed objections under Section 47 CPC claiming that after the passing of the decree, the judgment debtor has executed three sale deeds dated 3rd May, 2008, 5th May,2008 and 12th May, 2008 in her favour. She also claims that she is legally wedded wife of the deceased judgment debtor. The court below by the order under appeal has dismissed the objections on the ground that the sale deeds are fictitious transactions. The sale deeds have been executed after passing of the decree with intention to avoid the payment of the decreetal amount.

(3.) IN reply Sri V.M. Zaidi, learned Senior Counsel for the appellant submits that the decree has been transferred to the Family Court and every order and judgment passed by family court, except an interlocutory order, is appealable under Section 19 of the family court. Elaborating the argument, it was submitted that decree has been transferred to Meerut in exercise of power under Section 42 of the CPC.