IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 9TH DECEMBER 2010 / 18TH AGRAHAYANA 1932 FAO.No. 97 of 2010 --------------------------- [E.A. NO.179/2009 IN E.P. NO.66/2000 IN OS.NO.68/1998 OF SUB COURT, VADAKARA] .................... APPELLANT/PETITIONER/JUDGMENT DEBTOR NO.1: ---------------------------------------------------------------------------- T.K.GANGAN MENON, S/O.P.K.MENON, THERAMPATTIL HOUSE, CHALAPPURAM, KOZHIKODE. BY ADVS. SRI.R.BINDU (SASTHAMANGALAM), SRI.PRASANTH M.P. RESPONDENTS/RESPONDENTS/DECREE HOLDER AND JD NO.2: ---------------------------------------------------------------------------------------------- 1. M/S.MUTHOOT LEASING AND FINANCE LTD., KOZHIKODE BRANCH, KOZHIKODE. 2. T.SASEENDRAN, S/O.APPUKUTTAN, PEON, SUB REGISTRAR OFFICE, MEENCHANDA, KOZHIKODE. R1 BY ADV. SRI.C.S.MANILAL (CAVEATOR). THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 09/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B.RADHAKRISHNAN & P. BHAVADASAN, JJ. ------------------------------ F.A.O.No.97 OF 2010 ------------------------------ Dated this the 9th day of December, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. This appeal is against an order by which the court below refused to set aside a sale. The first respondent decree holder bid the property in auction through one of its officers. The plea raised in this appeal was that though the deed is a mortgage, the entire amount covered by the mortgage is not covered by the sale. We, therefore, thought it only necessary to direct that the mortgage right and the decree right would stand discharged by the sale. This should give a quietus to the whole issue. But then, the decree holder appears to have accepted the suggestion of the judgment debtor that if the entire amounts due as agreed to by them on consensus, i.e., Rs.7 FAO.97/10 2 lakhs, is paid within a period of two months, the impugned order could stand set aside and the judgment debtor could withdraw the amount already deposited by him in terms of the interim order. Recording this consensus, we dispose of this appeal affirming the impugned order, however, directing that if the appellant pays to the decree holder an amount of Rs.5 lakhs under proper receipt, in full settlement of the consensus arrived at between the parties, within a period of two months from now, the impugned order will be treated as vacated by the force of this judgment and the court below will release amounts lying in deposit in terms of the interim order in this case to the appellant. Otherwise the order will stand. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.BHAVADASAN, Judge. kkb.13/12.