IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 FAO.No. 55 of 2008() -------------------- AGAINST THE ORDER DATED 23/11/2007 IN IA.4015 & 4013/2006 IN OS.77/1999 of PRINCIPAL SUB COURT, PALAKKAD .................... APPELLANT/PETITIONER/DEFENDANT ------------------------------- N.RAMACHANDRAN, S/O.LATE NARAYANA VAIDHYAR, MURUKKULY HOUSE, PALLASSANA, PALAKKAD. AS POWER OF ATTORNEY HOLDER M/S.A.M.A.STEELS PVT.LTD., J.KI. BUILDING REP. BY ITS M.D., MOHAMMED AZGAR & THE COMPANY HAVING ITS FACTOR UNIT AT POOLAMPARA, WALAYAR, PUDUSSERY AMSOM BY ADV. SRI.K.M.SATHYANATHA MENON SMT.S.SMITHA (PARAKKAL) RESPONDENTS: RESPONDENT/PLAINTIFF --------------------------------- MADHUSOODHANAN, S/O.ARUMUGHAN, PROPRIETOR, M/S.MYSTIQQE BUILDINGS 7 DESIGNERS, KAVI NIVAS, OPP.I.T.I. LTD., KANJIKKODE, PUDUSSERI AMSOM, SANKARANKANDATH HOUSE, MONANPUDUR PUDUSSERI, PALAKKAD TALUK. BY ADV. SRI.V.CHITAMBARESH (SR.) FOR R1 SRI.T.C.SURESH MENON FOR R1 SRI.JIBU P THOMAS FOR R1 SRI.APPU.P.S. FOR R1 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 06/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A.NO.825/2008 IN F.A.O. NO.55/2008 CLOSED. SD/-P.R.RAMAN, JUDGE SD/- T.R.RAMACHANDRAN NAIR, JUDGE 06/08/2008. \\TRUE COPY// P.R.RAMAN & T.R.RAMACHANDRAN NAIR, JJ. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ F.A.O.No.55 of 2008 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 6th day of August, 2008 J U D G M E N T J U D G M E N T RAMAN, J. This is an appeal against an order in I.A.No.4015/2006 in O.S.No.77/1999. The above I.A is a petition filed under Order IX Rule 13 of the Code of Civil Procedure by the appellant seeking to set aside the decree, which was dismissed by the court below. Hence, this appeal. 2. In the course of the hearing, a suggestion was made to settle the matter and it was agreed by both sides to settle the matter amicably by paying Rs.2,75,000/-, which fact has been recorded in the order dated 29/07/2008. It is now represented by both sides that Rs.2,75,000/- is already deposited before the court below. The said amount is permitted to be withdrawn by the respondent herein. In the circumstances, the decree is recorded as satisfied. Sale is set aside. The attachment, if any, during the pendency of the proceeding will stand lifted and the court below will convey the order to the Sub Registrar. In pursuance of the decree passed, the property belonging to the appellant was sold and purchased by the respondent herein F.A.O.NO.55/2008 -:2:- towards which stamp paper was purchased but not executed. In view of the fact that the sale is already set aside, the stamp paper purchased by the respondent may be surrendered before the District Collector along with an application for refund of the amount, in which event, the District Collector will allow refund of the value of the stamp paper after deducting 6% in accordance with the provisions contained in Section 52 of the Stamp Act. F.A.O is closed. P.R.RAMAN, Judge T.R.RAMACHANDRAN NAIR, Judge ms