IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 FAO.No. 208 of 2009() --------------------- AGAINST THE ORDER DATED 07/07/2009 IN EP 367/06,EA 268/2006 IN OS.338/2001 of II ADDL.SUB COURT,THRISSUR .................... APPELLANTS ---------------- 1. BABU, S/O.PUTHENVEETTIL SEBASTIAN PARAVATTANI DESOM, OLLUKKARA VILLAGE THRISSUR TALUK. 2. MERCY BABU, W/O.PUTHENVEETTIL BABU PARAVATTANI DESOM, OLLUKKARA VILLAGE THRISSUR TALUK. BY ADV. SRI.DINESH MATHEW J.MURICKEN SRI.P.V.BALAKRISHNAN RESPONDENT(S): --------------- USHUS KURIES & LOANS PVT LTD THRISSUR. ADV. SRI.RANJITH XAVIER FOR R1 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 13/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ``````````````````````````````````` F.A.O. No. 208 OF 2009 ``````````````````````````````````` Dated this the 13th day of October, 2009 J U D G M E N T Joseph, J. Appeal is directed against an order under Order XLIII Rule1(j) of the Code of Civil Procedure to set aside the sale. The decree holder is the auction purchaser. His application stands dismissed. 2. We heard learned counsel for the appellants and learned counsel for the respondent. Learned counsel for the appellants would submit that if the appellants are given time till 31-12-2009, the appellants are prepared to deposit the entire amount less the amount already deposited by the appellants. The learned counsel for the respondent is agreeable to the sale being set aside on condition the appellants will deposit the balance amount on or before 31-12- 2009, subject to the condition that if the appellants do not deposit the amount, the order should prevail. Learned counsel for the appellants would submit that the appellants will FAO.208/2009 : 2 : deposit a sum of Rs.1,69,254/- more. This is acceptable to the respondent also. Accordingly, we pass the following order:- We grant the appellants time till 31-12-2009 to deposit a sum of Rs.1,69,254/-. Upon the said amount being deposited, the impugned order and sale shall stand set aside. The respondent shall be at liberty to withdraw the sum of Rs.1,69,254/- apart from the amount of Rs.1 lakh already deposited by the appellants. It is made clear that if the appellants fail to deposit Rs.1,69,254/-, the impugned order will hold good. (K.M.JOSEPH, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) aks