IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 4TH NOVEMBER 2010 / 13TH KARTHIKA 1932 Ex.FA.No. 4 of 2008() --------------------- AGAINST THE ORDER DATED 29/11/2007 IN EA.88/07 IN EP.34/05 IN OS.112/2001 of SUB COURT, THIRUVALLA .................... APPELLANTS/CLAIMANTS IN EA/PETITIONERS IN EP: ------------------------------------ 1. N.G.RADHAKRISHNAN NAIR, S/O.GOPALAPILLAI NEYYATHURUTHIL VEETTIL, ERAVIPEROOR VILLAGE, THIRUVALLA TALUK. 2. S.K.THANKAMANIAMMA, W/O.N.G.RADHAKRISHNAN NAIR, OF DO, DO. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) SRI.K.B.PRADEEP RESPONDENT(S): RESPONDENT IN THE EA: ------------------------------------ M/S. CANFIN HOMES LIMITED, REPRESENTED BY ITS CHIEF MANAGER, THIRUVANANTHAPURAM. ADV. SRI.C.AJITH KUMAR THIS EXECUTION FIRST APPEAL HAVING COME UP FOR ADMISSION ON 04/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN & P. BHAVADASAN, JJ. ------------------------------------------- Ex.F.A.No.4 OF 2008 ------------------------------------------- Dated this the 4th day of November, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. Learned counsel for the appellants says that the matter has been settled. This is disputed by the respondent. Since the appellants do not want to further argue this matter, we do not find any ground to entertain the same. This appeal is accordingly dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.BHAVADASAN, Judge. kkb.04/11. WPC.24520/10 2 THOTTATHIL B.RADHAKRISHNAN & P. BHAVADASAN, JJ. ------------------------------------------- Ex.F.A.No.4 OF 2008 ------------------------------------------- Dated this the 5th day of October, 2010 O R D E R Thottathil B.Radhakrishnan, J. We do not find any merit in this appeal which is filed against the dismissal of a claim petition. The decree is on a mortgage. The charge decree was put in execution. Therefore, a claim itself could not have been made. The plea on facts is that the appellant had invested funds to buy a particular apartment and the builder is now before the learned single Judge with his request for further period to pay off the remaining outstandings. The ultimate request is that a breathing time may be granted. Recording the aforesaid and this submission, we adjourn this matter peremptorily for two weeks from now. Post on 20.10.2010. WPC.24520/10 3 THOTTATHIL B.RADHAKRISHNAN, Judge. P.BHAVADASAN, Judge. kkb.05/10.