IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 FAO.No. 280 of 2010() --------------------- AGAINST THE ORDER DATED 19/08/2010 IN EA.966/2009 IN EP.64/2005 IN OS.323/1998 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANTS/COUNTER PETITIONERS/DEFENDANTS ------------------------------------------------------------- 1. N.D.HAMILTON S/O.NELSON,PROPRIETOR, H.V.PRINTERS,KADUTHURUTHY,RESIIDNG AT NELLINILAYATHIL,TC 4/2168,KOWDIAR VILLAGE, THIRUVANANTHAPURAM. 2. SMT.LEVIS,W/O.D.NELSON,RESIDING DO. BY ADV. SRI.CIBI THOMAS RESPONDENT(S): PETITIONER/PLAINTIFF ----------------------------------- THE CATHOLIC SYRIAN BANK LTD, KADUTHURUTHI BRANCH,KOTTAYAM DISTRICT. ADV. SRI.C.A.JOY THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 26/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN & P. BHAVADASAN, JJ. ------------------------------------------- F.A.O.No.280 OF 2010 ------------------------------------------- Dated this the 26th day of October, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. Read the order dated 16.9.2010. Following that, the judgment debtors have provided with Fixed Receipt of Rs.8 lakhs in their name. In terms of what has been recorded in the order dated 16.9.2010, all that is required is that the amounts due to the decree holder to settle the transaction is released and the property re-conveyed. To enable the aforesaid, we order the FAO as follows: (i)The appellants will encash the aforesaid FD of Rs.8 lakhs and pay it to the decree holder bank directly within three weeks from now. FAO.280/10 2 (ii)On receipt of such amount, the decree holder bank will re- convey the property obtained by it under sale, to the judgment debtors at their expenses. (iii)The bank will be eligible to obtain refund of the amount deposited by it before the court below as excess purchase amount. Such amount will be released to the bank by the court below on satisfaction of conditions (i) and (ii) above. The appeal is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.BHAVADASAN, Judge. kkb.28/10.