IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 FAO.No. 152 of 2008() --------------------- AGAINST THE ORDER IN EA.128/2007 IN E.P.204/01 IN ARC.284/1998 of PRINCIPAL SUB COURT, PALAKKAD .................... APPELLANTS/PETITIONERS/JUDGMENT DEBTORS ----------------------------------------------------------------------- 1. SURESH KUMAR,S/O.RAVI KUMAR KITTUMMAR NAGAR,AMBATTUPALAYAM, CHITTUR TALUK. 2. BINI,W/O. SURESH KUMAR KITTUMMAR NAGAR,AMBATTUPALAYAM, CHITTUR TALUK. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENT(S)/RESPONDENT/DECREE HOLDER: --------------------------------------------------------------------- CO-OPERATIVE HOUSING SOCIETY CHITTUR-REPRESENTED BY ITS SECRETARY. THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 29/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - F.A.O. No. 152 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of July, 2009. JUDGMENT Raman, J, This is an appeal against an order passed in the execution stage of the proceedings. The judgment debtors, who are the appellants, preferred an application to set aside the sale of the property under Order XXI Rule 90 of the Code of Civil Procedure alleging material irregularity and fraud in the conduct of the sale. Property was sold in execution of the decree for money. Notice was ordered before admission and an interim stay of delivery of the property pursuant to the sale was granted on condition to deposit Rs.2,80,000/-. When the case was taken up for consideration today, counsel appearing for the appellants submitted that the matter has been settled between the parties and the decree is satisfied as such, and the appeal has become infructuous. Recording the above statement, the appeal is closed. P.R. Raman, Judge P. Bhavadasan, Judge sb.