IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 Mat.Appeal.No. 893 of 2008() ---------------------------- AGAINST THE ORDER DATED 21/11/2008 IN EA.24/06 IN PETITION NO.A-1461/02 OF FAMILY COURT, THRISSUR. EP.10/2006 of FAMILY COURT,THRISSUR .................... APPELLANT/RESPONDENT: --------------------------- SHEELA JAMES MANIYAMCOTT @ MARIYAM JAMES MANIYAMCOTT, TEACHER, MUMBAI,INDIAN CHRISTIAN INHABITANT, RESIDING AT B 104, SILVER TOWER THAKAR COMPLEX, KANDIVALI (E) MUMBAI 400101, REP. BY POWER OF ATTORNEY HOLDER P.O., POULOSE, S/O. OUSEPH, PULLELY HOUSE,MURINGOOR, THRISSUR. BY ADV. SRI.G.SREEKUMAR (CHELUR) SMT.PREETHY KARUNAKARAN RESPONDENT/PETITIONER: ----------------------------- JAMES ANTONY MANIYAKKOTT @ JACOB ANTONY MANIYAMKOTT C/O M.P. ANTONY, MANIYAMKOTT HOUSE, KUMBALAM, KOCHI 682 506. ADV. SRI.P.K.BABU THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 11/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C. HARI RANI,JJ ============================== MAT.A.NO. 893 OF 2008 ============================ DATED THIS THE 11TH DAY OF JUNE 2009 JUDGMENT Basant,J. The short dispute raised between the parties is as to whether the recording of full satisfaction in an Execution Petition is justified or not. According to the appellant/decree holder, though large amount was deposited prior to the date fixed for sale of the property that amount does not represent the entire balance amount due under the decree. The learned counsel for the respondent submits that the entire amount has been paid and if it is seen that any further amount is payable the same shall be paid by the respondent/judgment debtor. 2. In these circumstances, we are satisfied that as agreed by both sides, the impugned order can be set aside and the matter can be sent back to the Family Court to apply its mind to the question whether the entire amount due under the decree MAT.893/2008 -2- has been paid and discharged and whether any further amount is payable. Both sides shall be given an opportunity to file statements in support of their contentions that the entire decree amount has been paid/has not been paid. The parties shall appear before the court below on 29-6-2009 to continue the proceedings. The court below shall dispose of the Execution Petition afresh. If it be found that full satisfaction is not liable to be recorded, needless to say, the options of the decree holder to recover arrears, if any, by appropriate proceedings in accordance with law shall remain unfettered. 3. This appeal is accordingly allowed to the above extent. Communicate this judgment to the court below forthwith. Sd/- R. BASANT, JUDGE Sd/- M.C. HARI RANI,JUDGE ks. MAT.893/2008 -3-