IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 Ex.FA.No. 130 of 2009 ----------------------- AGAINST THE ORDER IN EP 393/2005 IN OS.689/2001 of II ADDL.SUB COURT,THRISSUR .................... APPELLANT/3RD RESPONDENT ---------------------------------------------------- JAIGEE, S/O.JOHN THERATTIL PUDUKADAN, ST.THOMAS STREET KURIACHIRA DESOM, OLLUR VILLAGE, THRISSUR. BY ADV. SRI.K.SASIKUMAR RESPONDENTS: ------------------------- 1. P.O.BABY, S/O. PULLOKKARAN OUSEPH (DECREE HOLDER) KUNNATHUMANA LANE, THRISSUR NOW RESIDING AT BEHIND WESTEND SUPER MARKET POONKUNNAM VILLAGE, THRISSUR. 2. T.M.POULY,S/O. THERATTIL MATHEW (JUDGMENT DEBTORS) ST.THOMAS ROAD, ARANATTUKARA, THRISSUR. 3. K.P.GEORGE, S/O.VADAKKETHALA KUNNATH PAUL, KANDASSANKADAVU DESOM KARAMUCK VILLAGE, THRISSUR. ADV. SRI.N.M.MADHU THIS EXECUTION FIRST APPEAL HAVING BEEN FINALLY HEARD ON 08/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & M.L.JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ex.F.A.No.130 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of January 2010 JUDGMENT Basheer, J. Having heard learned counsel for the appellant and respondents and having perused the entire materials available on record, we are of the view that in the peculiar facts and circumstances of the case appellant can be given an opportunity to adduce further evidence in the matter. 2. The only apprehension of the learned counsel for the respondents is that this may be a ploy on the part of the appellant to protract the matter further. We do not think that there is any room for such an apprehension. Learned counsel for the appellant submits that his party will co-operate with the court below for expeditious disposal. The above submission is recorded. 3. In that view of the matter, the appellant is given an opportunity to adduce further evidence on condition that he pays a sum of Rs.15,000/- as cost to respondent No.1. On such payment being made, the impugned order shall remain set aside. The payment shall be made on or before January 22, 2010. 4. If the appellant fails to remit the said sum as directed above, this order shall remain recalled. Parties shall appear before the court below on January 27, 2010. 5. The court below shall dispose of the matter as expeditiously as possible, at any rate, on or before February 27, 2010. Records shall be retransmitted to the court below forthwith. A.K.BASHEER, JUDGE M.L.JOSEPH FRANCIS, JUDGE jes