IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 11TH APRIL 2007 / 21ST CHAITHRA 1929 FAO.No. 216 of 2006() AGAINST THE ORDER DATED 01/06/2006 IN EA.81/06 IN EP.41/99 IN OS.152/1995 of SUB COURT, PALA APPELLANT/PETITIONER THRESIAMMA SCARIA, W/O.SCARIA, EANTHUMPLACKAL, VADAKKEKKARA KARA, POONJAR NADUBHAGOM VILLAGE, (PROPRIETOR, POONJAR TEA FACTORY, POONJAR SOUTH.P.O.). BY ADVS. M/S.C.S.SUNIL AND SARITHA SUNIL RESPONDENTS: COUNTER PETITIONERS 1. FEDERAL BANK LTD., REP. BY ITS MANAGER, POONJAR BRANCH(DECREE HOLDER) 2. BABY MICHEL, S/O.MICHEL, NADUTHOTTIYIL HOUSE, KARIMANNOOR KARA, KARIMANNOOR VILLAGE, (PURCHASER). R1 BY ADV. SRI.A.ANTONY SMT.LEELAMMA ANTONY R2 BY ADV. SRI.PRAKASH P.GEORGE SRI.K.VVIJAYAKUMAR SRI.BOBAN VARGHEESE THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 11/04/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: I.A.NO.3505/2006 IN F.A.O.NO.216/2006 DISMISSED SD/- KURIAN JOSEPH, JUDGE 11/4/2007 SD/- K.T.SANKARAN, JUDGE //TRUE COPY// AHZ/ KURIAN JOSEPH & K.T. SANKARAN, JJ. ------------------------------------ F.A.O. NO. 216 OF 2006 ------------------------------------ Dated this the 11th day of April, 2007 JUDGMENT Kurian Joseph, J. It is heartening to note that, due to the co- operation extended by the learned counsel on both sides and also the positive attitude of the parties to this appeal, a decade old litigation between the parties has been amicably settled. As per the terms of settlement: (1) The appellant will pay an amount of Rs.14,63,718/- to the auction purchaser on or before 30.4.2007; (2) Since the matter is settled between the appellant and the respondents, the amount already deposited by the appellant before the court below, after deducting the decree debt, will be refunded to the appellant; (3) In case the appellant does not pay the amount indicated above to the auction purchaser on or before 30.4.2007, this appeal will stand dismissed; and (4) On payment F.A.O. NO.216 OF 2006 :: 2 :: as above, the sale will stand set aside. The F.A.O is disposed of as above. (KURIAN JOSEPH) Judge (K.T.SANKARAN) Judge ahz/