IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 FAO.No. 257 of 2011 ---------------------------- AGAINST THE ORDER DATED 20/08/2011 IN EA 56/2011 IN EP 71/2006 IN OS.127/2001 of SUB COURT,KATTAPPANA .................... APPELLANTS (S): PETITIONERS: ----------------------------------------------- 1. GIJI, W/O.LATE TOMY, AGED 31 YEARS, RESIDING AT THOTTUVAYIL HOUSE, IDUKKI KAVALA KARA, KATTAPPANA VILLAGE, UDUMBANCHOLA TALUK. 2. CHRISTINA MARIA TOM (MINOR AGED 7 YEARS) D/O.LATE TOMY, RESIDING AT THOTTUVAYIL HOUSE, IDUKKI KAVALA KARA, KATTAPPANA VILLAGE, UDUMBANCHOLA TALUK, REPRESENTED BY NATURAL GUARDIAN (MOTHER) IST PETITIONER. BY ADV. SRI.C.K.PAVITHRAN SRI.M.VIVEK RESPONDENT(S): RESPONDENT: ---------------------------------------------- CLARAMMA, W/O.LATE KURIAN, AGED 56 YEARS, RESIDING AT KARUTHEDATHU, PUTHENPURAYIL HOUSE, NARAKAKKANAM KARA, THANKAMANY VILLAGE, IDUKKI DISTRICT-685 603. BY ADV.SRI.A.SHAFEEK KAYAMKULAM. THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 23/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------- F.A.O.No.257 of 2011 ----------------------------------------- Dated, this the 23rd day of September, 2011 J U D G M E N T K.M.Joseph, J. Appellants call in question the order passed by the Sub Court, Kattappana rejecting an application filed under Order 21 Rule 90 of the Code of Civil Procedure. 2. Today when the matter came up, we heard the learned counsel for the appellants. There is also appearance on behalf of the respondent. Learned counsel for the appellants would submit that appellants are prepared to pay off the amount if some time is given. Learned counsel for the respondent is agreeable for granting time till 15.11.2011 provided the appellants pay a sum of Rs.2,20,000/-. The learned counsel would submit that, if the appellants pay Rs.2,20,000/- on or before 15.11.2011, the respondent has no objection in the sale being set aside. Learned counsel for the appellants also would submit that appellants are agreeable for this course. In such circumstances, we dispose of the appeal as follows: The impugned order and the sale will stand set aside FAO 257/2011 -2- on condition that the appellants will pay a sum of Rs.2,20,000/- to the respondent on or before 15.11.2011. We record the submission of the learned counsel for the respondent that if the appellants pay Rs.2,20,000/- as aforesaid, full satisfaction of the decree can be recorded. In case the appellants fail to pay the amount as aforesaid, the impugned order will stand. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS