IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 FAO.No. 190 of 2011() --------------------- AGAINST THE ORDER DATED 30/06/2011 IN EA 380/2006 IN OS.97/2003 of PRINCIPAL SUB COURT,ALAPPUZHA .................... APPELLANT : -------------------- GIRIJA KRISHNA KUMAR, AGED 62 YEARS KRISHNAMANGALAM VEEDU, KATTUR MURI, KALAVOOR PO, ALAPPUZHA. BY ADV. SRI.C.V.MANUVILSAN SRI.P.G.SURESH SMT.K.VIDYA SRI.RAJAN VISHNURAJ RESPONDENT(S): --------------- JOY K, PARAPPATHY VEETIL MULLACKAL, ALAPPUZHA 688 001.. ADV. SRI.C.A.RAJEEV FOR R1 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 28/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------------- F.A.O. No.190 of 2011 ----------------------------------------------- Dated 28th July, 2011. J U D G M E N T Joseph, J. The appellant challenges the order passed in E.A.No.380 of 2006 in O.S.No.97 of 2003 on the file of the Sub Court, Alappuzha. The appellant is the judgment debtor. E.A.380/06 was filed to set aside the sale, under Order 21 Rule 90 of the Civil Procedure Code. The court below rejected the said application, and E.A.43/10 filed by the decree holder to set aside the report of the Advocate Commissioner was allowed. 2. When this matter came up, the parties expressed their willingness to settle the issue. That is to say, the appellant agrees that she is prepared to pay a sum of Rs.9,50,000/- (Rupees nine lakhs and fifty thousand only) to the respondent in three instalments, so that the sale can be set aside. 3. Learned counsel for the respondent, after getting instruction, submits that his party is also agreeable for the said course. In such circumstances, we allow this appeal as follows : The impugned order in E.A.380/06 in O.S.97/03 will stand set aside on condition that the appellant will FAO 190/11 2 pay a sum of Rs.3,00,000/- on 16.8.2011, Rs.3,25,000/- on 16.9.2011 and lastly, a further sum of Rs.3,25,000/-, on 16.10.2011, all by Demand Drafts, to the respondent. Upon the entire amount of Rs.9,50,000/- being paid as aforesaid, the impugned order and the sale shall stand set aside. Upon such payment being made as aforesaid, the fact of the sale being set aside shall be communicated to the concerned Registrar, under Rule 346 of the Kerala Civil Rules of Practice. We make it clear that in case the appellant does not effect the payments as aforesaid, the impugned order will stand. Sd/- K.M.JOSEPH, JUDGE. Sd/- M.L.JOSEPH FRANCIS, JUDGE. tgs