IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 FAO.No. 222 of 2007() --------------------- AGAINST THE ORDER DATED 22/02/2006 IN EA.116/05IN EP.30/99 IN LAR.60/1985 of SUB COURT,THODUPUZHA .................... APPELLANT/PETITIONER/JUDGMENT DEBTOR: --------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, IDUKKI. BY GOVERNMENT PLEADER MR.BENNY VARGHESE RESPONDENTS: DECREE HOLDER/CLAIMANTS: --------------------------------------- 1. SANKARA NARAYANA PILLAI, PERUMPILLIL HOUSE, SANKARAPILLY,ALAKODE VILLAGE. 2. P.N. SANKARA PILLAI, PERUMPILLIL, THODUPUZHA. 3. P.N. NARAYANA PILLAI, KAVITHA CLINIC, THODUPUZHA. 4. P.N. CHANDRASEKHARA PILLAI, PERUMPILLIL HOUSE, THODUPUZHA. 5. P.N. SUKUMARA PILLAI, PERUMPILLIL HOUSE, THODUPUZHA. 6. P.N. PADMAVATHY, KNNOLIL HOUSE, OTTALLOOR, KARIMKKUNNAM, THODUPUZHA. 7. VIJAYAMMA S. PILLAI, EZHUTHUKALARICKAL HOUSE, NADUKANDAM,KOLANI(DIED). 8. SREEDEVI SADASIVAN, PERUMPILLIL HOUSE, THODUPUZHA. ADV. MR. V.G.ARUN FOR R2 TO 5 MR. T.R.HARIKUMAR FOR R2 TO 5 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 08/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: FAO.222/2007 ORDER ON I.A. 2750 OF 2007 IN FAO.222 OF 2007 DISMISSED. SD/- M. SASIDHARAN NAMBIAR, JUDGE 8.4.2009 OKB - TRUE COPY - P.A. TO JUDGE M. SASIDHARAN NAMBIAR, J. ------------------------------------------------- F.A.O. No.222 OF 2007 -------------------------------------------------- Dated this the 8th day of April, 2009 J U D G M E N T The appeal is filed challenging the order in E.A.116 of 2005 in E.P.30 of 199 on the file of Sub Court, Thodupuzha by the State. Respondent is the decree holder in LAR.60 of 1985. For the amount due under the award in LAR. 60 of 1985, E.P.30 of 1999 was filed by the respondent. In that execution petition, immovable property belonging to the State was sold on 3.9.2004 and purchased by the decree holder/auction purchaser. To set aside the sale, E.A.364 of 2004 was filed by the State. It was dismissed as per order dated 27.11.2004. E.A.116 of 2005 was thereafter filed to review that order. When it was dismissed this appeal is filed. 2. When this appeal is pending, there was an Adalath for settlement of LAR cases. It is agreed by the appellant and the respondent that LAR. 60 of 1985 was one of the cases taken up for settlement in that Adalath and settled. It was found that though the property belonging to the State was sold for FAO.222/07 2 realisation of the amount due under the award, and the sale was confirmed, respondent had agreed to waive a certain percentage of interest and also that if Rs.1,45,000/- is deposited, he has no objection to record full satisfaction of the decree debt and also to set aside the sale. In such circumstances, I find no reason to interfere with the order dismissing the application for review. It is made clear that dismissal of E.A.116 of 2005 will not affect the right of the executing court to record settlement. It is also made clear that if the auction purchaser/decree holder is prepared to receive the amount deposited by the judgment debtor State, executing court may set aside the sale. Appeal is disposed of accordingly. M. SASIDHARAN NAMBIAR, JUDGE okb