IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 FAO.No. 168 of 2006() --------------------- AGAINST THE ORDER DATED 12/07/2006 IN EA 248/05 IN EP 121/00 IN OS.36/1999 of PRINCIPAL SUB COURT,KOCHI .................... APPELLANT/AUCTION PURCHASER ---------------------------- S.G.GOVINDAN, AGED 54 YEARS, S/O.P.K.GOPALAN ACHARI, SHASTHAMVELI PUTHEN VEEDU,UDAYAMPEROOR P.O. BY ADV. SRI.S.SACHITHANANDA PAI RESPONDENTS/JUDGMENT DEBTOR & DECREE HOLDER: ------------- 1. MR.BALAKRISHNAN, S/O.RAMAN, VALIYAVEETIL, SOUTH CHELLANAM, KOCHI-8. 2. V.S.ARAVINDAKSHAN, S/O.SREEDHARAN,VENATT HOUSE,EROOR P.O., THRIPUNITHURA. (DELETED) (R2 is deleted from the array of parties as per order dated 11/2/2008 in IA.NO.501/08) R1 BY ADV. SRI.K.L.JOSEPH THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 08/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.NO.1935/2006 IN F.A.O.NO.168/2006 -------- Dismissed Sd/- P.R.RAMAN, JUDGE. 08/02/2008 Sd/- V.K.MOHANAN, JUDGE. True Copy P.S.TO JUDGE. P.R.RAMAN & V.K.MOHANAN, JJ. ------------------------------- F.A.O.NO.168 OF 2006 -------------------------------- Dated this the 30th day of November, 2007 O R D E R Raman, J. This appeal arises out of the order in E.A.No.248/05 in E.P.No.121/2000 in O.S.No.36/99. The appellant herein was the auction purchaser, who deposited the amount. The certificate of sale was granted in his favour and delivery was also ordered subsequently. The decree holder has already withdrawn the amount in deposit. As such he has no interest subsisting. Subsequently, the lst respondent filed E.A. seeking for re-sale of the property inter alia contended that the sale earlier made was non est in the eye of law, since according to him, the the balance amount was not deposited within 15 days. The judgment debtor had earlier filed an application under Order 21 Rule 89, wherein this contention is not specifically raised. However, the court below by the impugned order held that the sale is non est and ordered re-sale. In the factual situation as mentioned above, we give an opportunity to the respondents herein to deposit the entire amount with interest at 6% thereon before the court below within a period of two months from today. Call on after two months for reporting compliance. P.R.RAMAN, Judge. V.K.MOHANAN, Judge. kcv.