IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 FAO.No. 38 of 2009() -------------------- AGAINST THE ORDER DATED 31/10/2008 IN EA 253/07 EP 182/05 IN OS.131/2000 of PRINCIPAL SUB COURT,ALAPPUZHA .................... APPELLANT/3RD JUDGMENT DEBTOR ------------------------------------------------- RANI.K.B, W/O BENNY, PALLIPARAMBIL HOUSE, KOCHIKARAN VEEDU, PATHIRAPPALLY.P.O,ALAPPUZHA REPRESENTED BY POWER OF ATTORNEY HOLDER, BENNY ALIAS BENCHAMIN OF -DO- -DO- BY ADV. SRI.VISHNU.R SRI.V.E.ABDUL GAFOOR SRI.A.MOHAMMED SAVAD RESPONDENT(S): DECREE HOLDER, 1ST AND 2ND JUDGMENT DEBTORS ---------------------------------------------------------- 1. THE FEDERAL BANK LTD MARARIKULAM BRANCH, ALAPPUZHA, REPRESENTED BY ITS MANAGER. 2. ABHILASH SHERLY S/O.LATE P.S.SHERLY, PALLIPARAMBIL HOUSE, KATTOOR, ALAPPUZHA. 3. PEARLY SHERLY, W/O.P.S.SHERLY, PALLIPARAMBIL HOUSE, KATTOOR, ALAPPUZHA. ADV. SRI.MOHAN JACOB GEORGE FOR R1 SMT.P.V.PARVATHI FOR R1 SMT.REENA THOMAS FOR R1 SRI.RAMMOHAN.L. FOR R1 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 22/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - F.A.O. No. 38 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of December, 2009 JUDGMENT Joseph, J. This appeal is filed against the order in E.A.No. 253 of 2007 in E.P.182 of 2005 in O.S.No. 131 of 2000 on the file of the Sub Court, Alappuzha. 2. We heard the learned counsel for the appellant and the learned counsel for the respondents. 3. The learned counsel for the appellant submits that if some time is given, the appellant will pay off the entire amount. The learned counsel for the Bank would submit that if the appellant approaches the bank within two weeks from today, the bank is also prepared to give some concession. 4. Accordingly this appeal is disposed of as follows. The appellant is given time till 30.6.2010 to pay off the F.A.O. No. 38 of 2009 2 amount as hereinafter stated. If the amount is paid off by 30.6.2010, the impugned order and the sale will stand set aside. We also record the submission of the learned counsel for the Bank that if the appellant approaches the bank and applies for concession within a period of two weeks from today, the bank will consider and intimate to her the amount to be paid by her, within a period of 30 days from the date of receipt of the application. Needless to say, if the entire decree amount or the amount as reduced by bank is not paid off, the appeal will stand dismissed. If the appellant pays off the decree amount or the amount as reduced, the impugned order and the sale shall stand set aside. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) tm Judge