IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 FAO.No. 299 of 2008() --------------------- E.A.NO.1975/2005 IN E.P.NO.258/2004 IN OS.369/2001 of II ADDL.SUB COURT,THRISSUR .................... APPELLANT/APPELLANT-JUDGMENT DEBTOR NO.3: -------------------- JOHNY, S/O.THANIKKAL CHALISSERY ANTONY, KARAMUCK VILLAGE, DESOM, THRISSUR TALUK. BY ADV. SRI.JIJO PAUL RESPONDENT/RESPONDENT-DECREE HOLDER: --------------- EDAKALATHUR CHITTIES AND LOANS (P) LTD., THRISSUR. ADV. SMT.M.T.SHEEBA FOR R THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 04/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ----------------------------------------- F.A.O.No.299 of 2008 ----------------------------------------- Dated this the 4th day of December, 2008 JUDGMENT K.T.Sankaran,J. The appeal is filed by the 3rd judgment debtor challenging the order in E.A.No.1975/2005 in E.P.No.258/2004 in O.S.No.369/2001 on the file of the Subordinate Judge of Thrissur. It is stated that the application was filed by the 3rd judgment debtor to set aside the sale. The court below dismissed the application as per the order impugned. 2. It is stated by the appellant as well as the respondent that the matter has been settled between the parties. An affidavit sworn to by the Chairman of the respondent company is filed wherein it is stated that the appellant has paid the entire decree debt along with other charges and expenses to the respondent. It is agreed by the parties that the sale can be set aside. Accordingly the F.A.O. is allowed. The order impugned is set aside. E.A.No.1975/2005 is allowed and the sale is set aside. (KURIAN JOSEPH, JUDGE) (K.T.SANKARAN, JUDGE) ahg. KURIAN JOSEPH & K.T.SANKARAN, JJ. --------------------------- F.A.O.No.299 of 2008 ---------------------------- JUDGMENT 4th December 2008