IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 FAO.No. 71 of 2010() -------------------- AGAINST THE ORDER DATED 03/12/2009 IN EA 165/2009 EP 6/2003 IN OS.54/2001 of SUB COURT, THIRUVALLA .................... APPELLANT/PETITIONER/JUDGMENT DEBTOR: -------------------- O.K.MURALEEDHARAN NAIR, AGED 44 YEARS, S/O KRISHNA PANICKER, THAZHATHE OPPUMKARA VEEDU, KAVIYOOR P.O., NJAL BHAGAM MURI, KAVIYOOR VILLAGE, THIRUVALLA TALUK. BY ADV. SRI.T.RAMPRASAD UNNI RESPONDENT(S)/CR.PETITIONER/DECREE HOLDER: --------------- P.D.SUGATHAN, AGED 64 YEARS, S/O DAMODARAN, PEVAYIL VEETTIL, KOLOORMURI, KAVIYOOR VILLAGE, THIRUVALLA TALUK. ADV. SRI.G.UNNIKRISHNAN SRI.K.SANEESH KUMAR THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 05/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- F.A.O. No.71 of 2010 ---------------------------------- Dated this the 5th day of April, 2010 J U D G M E N T ---------------------- Pius C.Kuriakose,J. No representation for the appellant even now when the case is taken up after being passed over earlier. We do not find any illegality about the impugned order warranting interference in the appeal. However, considering the submission of Mr.G.Unnikrishnan, learned counsel for respondent that the respondent is not very enthusiastic about retaining the property in question and that the respondent will agree to have the sale set aside on condition that the entire decree debt together with interest and cost including the expenses incurred by the respondent in the matter of conducting sale and the cost of stamp papers purchased for engrossing the Sannath is paid within the reasonable time, we are inclined to allow the appeal by passing conditional judgment. The result is that the impugned order will stand set aside and E.A.No.165/2009 will stand allowed subject to the following conditions: FAO.71/2010-O 2 The appellant deposits before the execution court the entire amount due as on date under the decree inclusive of interest till date together with all the expenses incurred by the respondent/decree holder in connection with publication and conduct of sale inclusive of value for stamp papers purchased for engrossing Sannath within 31.5.2010. If deposit is not made as above, the impugned order will stand confirmed and FAO will stand dismissed. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb