IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 25TH MAY 2009 / 4TH JYAISHTA 1931 FAO.No. 18 of 2004() -------------------- AGAINST THE ORDER DATED 16/08/2003 IN EA.88/03 IN EP.188/01 IN OS.339/1999 of PRL.SUB COURT,IRINJALAKUDA APPELLANT-PETITIONER/JUDGMENT DEBTOR(DEFENDANT) ------------------------------------------------------------------ ABDUL HAMEED S/O. PAMBINESHATHU KATHIRUKUNJU CHAKKARAPADAM DESOM, PERINJANAM VILLAGE, KODUNGALLUR TALUK. BY ADV. SRI.P.K.YUSUFF ISSUDDIN RESPONDENT: RESPONDENT/DECREE HOLDER (PLAINTIFF) --------------------------------------------------- BLAZA KURIES AND LOANS PVT. LTD., IRINJALAKUDA. ADV. SRI.P.VIJAYA BHANU SRI.BIJU ZACHARIA. M THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 25/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P. BHAVADASAN, JJ. = = = = = = = = = = = = = = = = = = = = F.A.O. 18 OF 2004 = = = = = = = = = = = = = = = = = DATED THIS, THE 25TH DAY OF MAY, 2009. J U D G M E N T Raman, J. Appeal is at the instance of the judgment debtor. His petition filed under Order 21 Rule 90 of the Code of Civil Procedure for setting aside the sale was dismissed against which this appeal is preferred. 2. During the pendency of the appeal, the matter is reported to have been settled, though the actual terms of the settlement are not known to the counsel appearing for the appellant. In the circumstances, we close the matter subject to the right of the appellant to seek reopening of the case, provided, the settlement has not been reached as reported. P.R. RAMAN, JUDGE. P. BHAVADASAN, JUDGE. KNC/-