Madhavan K.T vs Kanakamma A.G
2025 Latest Caselaw 12589 Ker

Kerala High Court

Madhavan K.T vs Kanakamma A.G on 23 December, 2025

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

                                                      2025:KER:98814
OP (FC) NO. 778 OF 2025

                                   1


             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

           THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                   &

               THE HONOURABLE MR. JUSTICE P.M.MANOJ

    TUESDAY, THE 23RD DAY OF DECEMBER 2025 / 2ND POUSHA, 1947

                      OP (FC) NO. 778 OF 2025

          AGAINST THE ORDER/JUDGMENT IN OP(RM) NO.488 OF 2017 OF

                    FAMILY COURT, IRINJALAKUDA


PETITIONER(S)/RESPONDENT NO.2:

            MADHAVAN K.T.
            AGED 71 YEARS
            S/O LATE K.T. THOMAS, NOW RESIDING AT KODIVALAPPIL
            HOUSE, PUTHENCHIRA KARA, PUTHENCHIRA VILLAGE,
            MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN - 680682


            BY ADVS.
            SHRI.SHIBU DAMODARAN
            DR. LINTO K.B.


RESPONDENT(S)/PETITIONER&RESPONDENT NO.1:

    1       KANAKAMMA A.G
            D/O GOPALAN A.K., AGED 43 YEARS, RESIDING AT AREECKAL
            HOUSE, IDINJAMALA KARA, ERATTAYAR VILLAGE, IDUKKI
            TALUK, IDUKKI DISTRICT, PIN - 685514

    2       SHAMON KM
            RESI AT KODIVALAPPIL HOUSE,PUTHENCHIRA
            KARA,PUTHENCHIRA VILLAGE,MUKUNDAPURAM TALUK,THRISSUR,
            PIN - 680682



        THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON

23.12.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                        2025:KER:98814
OP (FC) NO. 778 OF 2025

                                   2



                            JUDGMENT

A.Muhamed Mustaque, J.

The petitioner claims that 18 cents of land are being

auctioned pursuant to a decree by the family court, Irinjalakuda.

According to the petitioner, only 5 cents of land alone have been

assigned to the petitioner's son, and therefore, any auction

beyond the assignment is illegal.

2. We do not find any scope for entertaining such a

claim before this court. If the petitioner has got an independent

and separate title over the land and which is not subjected to

any decree, the remedy of the petitioner is to approach the

execution court by filing a claim petition or raising an objection

to the execution.

With liberty to raise such an objection or to file a claim

petition before the family court itself, we disposed of the original

petition.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

P.M.MANOJ JUDGE rkr 2025:KER:98814 OP (FC) NO. 778 OF 2025

APPENDIX OF OP (FC) NO. 778 OF 2025

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE MEMORANDUM OF SETTLEMENT BETWEEN THE RESPONDENTS DATED 22.08.2019 IN MC 31/2017, FAMILY COURT, KATTAPPANA. Exhibit P2 TRUE COPY OF THE POWER ATTORNEY EXECUTED BY THE PETITIONER IN FAVOUR OF RESPONDENT 2 DATED 21.08.2019 Exhibit P3 TRUE COPY OF THE SETTLEMENT AGREEMENT DATED 22.8.2019 IN OP 488/2017, FAMILY COURT, KATTAPPANA Exhibit P4 TRUE COPY OF THE DECREE DATED 27.08.2019 IN OP(HM) 115 OF 2017 OF FAMILY COURT, KATTAPPANA Exhibit P5 TRUE COPY OF THE DECREE IN O.P.(RM) NO.

488/2017 BY THE FAMILY COURT, KATTAPPANA DATED 30.08.2019 Exhibit P6 TRUE COPY OF THE ORDER IN MC NO. 31/2017 BY THE FAMILY COURT, KATTAPPANA DATED 30.8.2019 Exhibit P7 TRUE COPY OF THE OBJECTIONS DATED 12.11.2025 IN EP NO. 16/2022 IN OP(RM) NO. 488/2017 OF THE FAMILY COURT, IRINGALAKUDA Exhibit P8 TRUE COPY OF THE SALE PROCLAMATION UNDER ORDER 21 RULE 66 DATED 26.11.2025 IN EP NO. 16/2022 IN OP(RM) NO. 488/2017 OF THE FAMILY COURT, IRINGALAKUDA

//TRUE COPY// PA TO JUDGE