IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 FAO.No. 160 of 2008 AGAINST THE ORDER DATED 14/02/2008 IN IA 2784/2007 IN OS.134/2006 OF SUB COURT, THALASSERY APPELLANTS: PETITIONERS: 1. P.K.CHANDRAN NAIR, S/O.KRISHNAN NAIR AGED 47 YEARS, BUSINESS, KELAKAM AMSOM AND DESOM, THALASSERY TALUK 2. RASMI CHANDRAN, W/O.CHANDRAN NAIR,. AGED 38 YEARS, NO OCCUPATION KELAKAM AMSOM AND DESOM, THALASSERY TALUK. BY ADV. SRI.K.V.PAVITHRAN RESPONDENTS: PLAINTIFF & 3RD DEFENDANT: 1. THANDENGAZHIYIL MANOJ T.JOSEPH, AGED 31 YEARS, SALES OFFICER, KOTTIYOOR AMSOM AND DESOM, P.C.AMBAYATHODU, THALASSERY TALUK 2. THE FEDERAL BANK LTD., (HEAD OFFICE ALWAYE), KELAKOM BRANCH REP. BY BRANCH MANAGER, KELAKOM BRANCH, PO.KELAKAM, THALASSERY TALUK. R1 BY ADV. SRI.GRASHIOUS KURIAKOSE R2 BY ADV. SRI.A.ANTONY SMT.LEELAMMA ANTONY THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 03/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: I.A.NO.2572/2008 IN F.A.O.NO.160/2008 DISMISSED SD/- KURIAN JOSEPH, JUDGE 03/11/2008 SD/- K.T.SANKARAN, JUDGE //TRUE COPY// AHZ/ KURIAN JOSEPH & K.T.SANKARAN, JJ. ------------------------------------------------------------- F.A.O. NO. 160 OF 2008 ------------------------------------------------------------- Dated this the 3rd November, 2008 JUDGMENT K.T.Sankaran, J. This appeal is filed by the defendants in O.S.No.134 of 2006, on the file of the Additional Sub Court, Thalasseri, challenging the order dated 14.2.2008, by which the court below dismissed the application filed by them under Order IX Rule 13 of the Code of Civil Procedure. 2. Learned counsel appearing for the appellants as well as the respondents submit that the disputes involved in the suit between the parties have been settled. The suit was filed by the first respondent for recovery of the amount which he had to pay to the bank to redeem the mortgage. The plaintiff had purchased the property of the defendants under the belief that there was no liability. Subsequently, it was revealed that there was encumbrance to the second respondent Bank. 3. Now it is agreed that the appellants will pay the amount which was deposited by the first respondent/plaintiff before the Bank together with 10% interest from the date of deposit till 15.2.2009. It is also agreed that the said amount will be paid to the first respondent/plaintiff on or before 15.2.2009. It is also agreed that on the failure of the F.A.O. NO.160 OF 2008 :: 2 :: appellants/defendants to pay the amount to the first respondent/plaintiff, the decree as already passed by the court below will stand confirmed and the FAO will stand dismissed. If the said amount is paid by the appellants/defendants, the decree will stand set aside. The parties agree that the compromise will be worked out before the trial court by getting the matter referred to the Adalath. Learned counsel appearing for the appellants submitted that even the assignment deed in favour of the first respondent is under challenge in another suit. The FAO is allowed as above. The order impugned is set aside for the purpose of working out the compromise between the parties before the court below. The parties shall appear before the court below on 1.12.2008. (KURIAN JOSEPH) Judge (K.T.SANKARAN) Judge ahz/