IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 FAO.No. 139 of 2008 AGAINST THE ORDER DATED 05/09/2007 IN EA 382/07 IN EP.NO.528/05 IN OS.NO.1032/2003 ON THE FILE OF THE SUB COURT,THRISSUR APPELLANTS/PETITIONERS/JUDGMENT DEBTORS:- 1. SATHYAKUMAR, S/O KUMARAN NAIR, CHERATTU HOUSE, EDAKUNNI, OLLUR, THRISSUR 2. GIRIJA W/O SANKARANKUTTY, CHERATTU VEEDU, EDAKUNNI, OLLUR, THRISSUR. 3. C.DAMODHARAN, S/O.KUMARAN NAIR, CHERATTU VEEDU, EDAKUNNI, OLLUR, THRISSUR. 4. USHA.D/O KUMARAN NAIR OF -DO- BY ADV. SRI.K.A.SREEJITH RESPONDENT: RESPONDENT /DECREE HOLDER. THE CATHOLIC SYRIAN BANK LTD., THRISSUR. BY ADV. SRI.JACOB SEBASTIAN THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 30/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ------------------------------------------------------------- F.A.O.NO. 139 OF 2008 ------------------------------------------------------------- Dated this the 30th September, 2008 JUDGMENT Kurian Joseph, J. The challenge is on the order dated 5.9.2007 in E.A.No.382 of 2007 in E.P.No.528 of 2005 in O.S.No.1032 of 2003, whereby the execution court dismissed the petition for setting aside the sale, apparently for default. Though a legal question was raised as to the maintainability of the appeal, in view of the submission made by the learned counsel appearing for the appellant that he is prepared to pay the entire decree amount and for which the respondent Bank is agreeable, we do not think that we should go into the legal contentions. We make it clear that it will be open to the appellant to make payment of the entire amounts under the decree and the costs before the Bank within a period of one month from today. If the payment as above is made, the order under appeal and the sale will stand set aside. Needless to say that if not, this appeal will stand dismissed. Interlocutory application for stay,I.A.NO.2211 of 2008, is dismissed. (KURIAN JOSEPH) Judge (K.T.SANKARAN) Judge ahz/