IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 RFA.No. 635 of 2005() --------------------- OS.25/2000 of PRINCIPAL SUB COURT,KOLLAM .................... APPELLANTS/DEFENDANTS 4 TO 6 IN THE OS ---------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM . 2. TAHSILDAR (RR), CHIRAYINKIL TALUK, ATTINGAL. 3. TAHSILDAR(RR), TALUK OFFICE, KOLLAM. BY GOVERNMENT PLEADER SRI.K.P.PRADEEP. RESPONDENT(S): PLAINTIFF & DEFENDANTS 1 TO 3 IN THE OS ------------------- 1. CORPORATION BANK, REPRESENTED BY ITS MANAGER AND POWER OF ATTORNEY HOLDER, S.RADHAKRISHNA KAMATH. 2. M/S.KARUNYA STORES, STANDARD JUNCTION, CHATHANNUR. 3. K.N.HARIDEVAN NAIR, NOW RESIDING AT HOUSE NO.V.M.C.1/294, ANANDA SADANAM, KURAKKANNI, VARKALA P.O., VARKALA. 4. N.BALAKRISHNAN PILLAI, S/O.NARAYANA PILLAI, THEKKECHAZHIKAM VEEDU, ITHIKKARA, CHATHANNUR. BY ADV. SRI.S.B.PREMACHANDRA PRABHU FOR R1 BY ADV. SRI.VARGHESE.J.PUNNACHALIL FOR R3 THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 31/07/2009, ALONG WITH FAO.No.274/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING. P.R.RAMAN & P.BHAVADASAN, JJ. ------------------------------- R.F.A.No.635 of 2005 & F.A.O.No.274 of 2006 ------------------------------- Dated this the 31st July, 2009 J U D G M E N T Raman, J. R.F.A. arises out of the judgment and decree passed in O.S.No.25 of 2000 on the file of Sub Court, Kollam. State is the appellant. The suit is one for realisation of money instituted by the Corporation Bank. There were six defendants including the State. They remained ex parte. Hence, the suit was decreed allowing the plaintiff to recover the amount of Rs.4,33,368.75 with 14% interest per annum from defendants and their assets. 2. F.A.O. arises out of the order dismissing the application to set aside the ex parte decree. Thus, both the above matters arise out of the same suit. RFA.No.635 OF 2005 AND FAO.274 of 2006. 2 3. During the pendency of these cases, it is reported that the matter has been settled and the entire sale tax arrears has since been paid by the first defendant in the suit. As such, there is no pending claim for the State to proceed against the first defendant in the matter of arrears of sales tax. 4. However, we notice that even though the plaint claim for the money is only against defendants 1 to 3 and other defendants are arrayed only to claim priority of charge, there is no money decree as against other defendants, except defendants 1 to 3. But while drafting the decree, a mistake has crept in. The appeal, R.F.A.No.635/2005, itself is filed against that portion of the decree giving priority of charge to the plaintiff. In view of the fact that sales tax arrears have been cleared, the appeals become unnecessary. However, the typographical error crept in the decree can be got corrected by filing an application before the court below, if found necessary. RFA.No.635 OF 2005 AND FAO.274 of 2006. 3 Subject to the above observation, these appeals are dismissed. P.R.RAMAN, JUDGE P.BHAVADASAN , JUDGE. nj.