IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 FAO.No. 20 of 2009() -------------------- AGAINST THE ORDER DATED 09/12/2008 IN EA NO. 224/08 IN EP.1/07, IN OS.151/2003 of SUB COURT, KATTAPPANA .................... APPELLANTS: ---------------------- 1. GEORGE JACOB, S/O.LATE JACOB, AGED 45, VALIYAPADINJARETHIL HOUSE, KATTAPPANA KARA UDUMPANCHOLA TALUK. 2. SHAJAN JACOB, AGED 42 S/O.LATE JACOB, VALIYAPADINJARETHIL HOUSE, KATTAPPANA KARA, UDUMPANCHOLA TALUK. BY ADV. SRI.VARGHESE C.KURIAKOSE SRI.PRAVEEN K. JOY SMT.THANKOM.G SRI.MANJU LAHITHAN RESPONDENT: --------------- THOMAS KULAMACKAL, AGED 46 S/O.JOSEPH, KUKLAMACKAL HOUSE KUZHIKANDAM PO, KUZHITHOLU KARA KARUNAPURAM VILLAGE, UDUMPANCHOLA TALUK IDUKKI DISTRICT. ADV. SRI.SHAJI THOMAS PORKKATTIL FOR R1 SRI.T.V.VINU FOR R1 SRI.BINU PAUL FOR R1 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 08/10/2009, ALONG WITH FAO NO. 168 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - F.A. O. NO: 20 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th Day of October, 2009. JUDGMENT K. M. Joseph J., It is submitted by the learned counsel for the parties that the appellant has deposited the balance amount to be deposited in terms of order dated 1.10.2009. Learned counsel for the respondents points out that a further sum of Rs.2,694/- is to be paid in terms of the decree. Learned counsel for the appellant submitted that the appellant will deposit the said sum within a period of two weeks. The impugned order and the sale will stand set aside on further condition that the appellant will deposit a further sum of Rs. 2,694/- within a period of two weeks. Learned counsel for the respondent submits that the respondent had paid Rs.32,000/- towards stamp. It is open to F. A. 0 . NO: 20 OF 2009 :2: the respondent to move the court below seeking direction regarding refund of the same. The respondent is free to withdraw the amount deposited and the amount to be deposited as per this order. The appeal is disposed of as above. K. M. JOSEPH, JUDGE M. L. JOSEPH FRANCIS, JUDGE dl/