IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 8TH JANUARY 2008 / ]8TH POUSHA 1929 FAO.No. 63 of 2004() -------------------- AGAINST THE ORDER DATED 20/03/2003 IN EA 252/2001 IN EP 78/99 IN OS.203/1994 of ADDL.SUB COURT, THALASSERY .................... APPELLANTS/RESPONDENTS 1 AND 3 ------------------------------ 1. MUKUNDAN KELOTH S/O. CHANDUKUTTY, VAYALALAM, KODIYERI AMSOM, THALASSERY, KANNUR DISTRICT. 2. KELOTH DAMODARAN S/O. CHANDUKUTTY, VAYALALAM, KODUYERI AMSOM, THALASSERY, KANNUR DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE SRI.GEORGE MATHEWS RESPONDENTS: PETITIONER AND RESPONDENT NO.2 ------------------------------------------- 1. STATE BANK OF TRAVANCORE, MATTANNUR BRANCH, REPRESENTED BY ITS MANAGER, N.KRISHNAN S/O. NANJUNDIAH GOWDA, PAZHASSI AMSOM, MATTANNUR DESOM, MATTANNUR P.O., KANNUR DISTRICT 2. T.BALARAMAN S/O. RAMAN, BUSINESS MAN, SARASWATHI SADANAM, PAZHASSI AMSOM, MATTANNUR DESOM, MATTANNUR P.O., KANNUR DISTRICT. R1 BY ADV. SRI.SATHISH NINAN SRI.SANTHOSH MATHEW THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 08/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & V. K. MOHANAN, JJ. = = = = = = = = = = = = = = = = = = = = F.A.O. NO. 63 OF 2004 = = = = = = = = = = = = = = = = DATED THIS, THE 8TH DAY OF JANUARY, 2008. J U D G M E N T Raman, J. This is an appeal at the instance of the decree holder and the auction purchaser. As a matter of fact, the judgment debtor, who is the second respondent, owed amount to the Bank. The decree holder's brother purchased the property in the auction. The court below found that since the prior mortgage in favour of the Bank is not notified before sale, the sale is bad. The order cannot be assailed on any valid ground. 2. The decree holder stated that he is prepared to pay off whatever amount due to the Bank. Accordingly, we directed the Bank to furnish a statement showing the amount that is payable after extending all the benefits. Accordingly a statement is filed. An amount of Rs. 1,53,613/- is arrived at as payable as on 31.1.2008. The appellant asked for further time. To grant such a relief, necessarily he has also to pay further interest. Heard both sides. In the circumstances, we direct that if the first appellant pays an amount of Rs. 1,55,600/- on or before 28.2.2008, the account will stand closed and the order impugned will stand set aside. In case the amount is not paid within time as aforesaid, the appeal will stand dismissed. The appeal is disposed of as above. P.R. RAMAN, (JUDGE) V. K. MOHANAN, (JUDGE) knc/-