IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 FAO.No. 332 of 2009() --------------------- EA.333/08 IN EP.32/03 IN OS.150/1997 of II ADDL.SUB COURT,THRISSUR .................... APPELLANT-PETITIONER ---------------------------------------- JOHNSON, S/O. ATOKARAN FRANCIS PARAVATTANI DESOM, OLLUKKARA VILLAGE THRISSUR TALUK. BY ADV. SRI.JIJO PAUL RESPONDENT(S): --------------- THE CATHOLIC SYRIAN BANK LTD MAIN BRANCH, THRISSUR. ADV. SRI.R.S.KALKURA, SC, CATHOLIC SYRIAN BAN FOR R THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 17/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K. ABDUL REHIM, JJ. ------------------------------------------ FAO. No. 332 of 2009 ------------------------------------------- Dated this the 17th day of March, 2010 J U D G M E N T Pius C. Kuriakose, J. Under challenge in this FAO is order passed by the execution court, viz., the second additional Sub Court, Thrissur dismissing EA. No. 333 of 2008 filed by the appellant/judgment debtor for setting aside the execution sale of his properties invoking Rule 90 of Order XXI CPC. We notice that the impugned order is a one word order. It was submitted by Mr.R.S.Kalkura that a very serious counter affidavit was filed by the respondent decree holder to the application. A copy of the application was placed before us by Mr.Jijo Paul. On going through the affidavit in support of the application, we find that certain grounds which may appeal to a court invoking jurisdiction under Rule 90 of Order XXI have been raised. We are of the view that the learned Subordinate Judge was not justified in not FAO. 332 of 2009 - 2 - considering the rival contentions raised by the parties in this E.A. and in not passing a reasoned order. The impugned order is a non-speaking order and on that reason we set aside the same. Allowing the FAO, EA. No. 333 of 2008 is remitted back to the Subordinate Judge. The learned Judge is directed to dispose of the EA, if necessary, after holding enquiry in accordance with law at the earliest and at any rate before 31-5-2010. Parties will enter appearance before the court below on 22-3-2010. PIUS C.KURIAKOSE, JUDGE C.K. ABDUL REHIM, JUDGE ksv/-