IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 FAO.No. 109 of 2010() --------------------- EA. No. 1767/09 in EP.594/2006 in OS.1005/2003 of II ADDL.SUB COURT,THRISSUR .................... APPELLANT/2ND PETITIONER/2ND JUDGMENT DEBTOR -------------------------------------------------------------- AJITHKUMAR S/O PALLISSERY SEETHAMMA, AGED 40 YEARS VELUTHUR DESOM, VELUTHUR, THRISSUR DISTRICT. BY ADV. SRI.P.RAMACHANDRAN RESPONDENT(S)/RESPONDENT & 1ST PETITIONER: ----------------------------------------------------- 1. SAKTHAN KURIES AND LOANS (P) LTD. REPRESENTED ITS CHAIRMAN, CHEMBUKKAVU, THRISSUR. 2. ANITHA MOHAN W/O PONNATH VEETTIL MOHAN, VELUTHUR DESOM, VELUTHUR, THRISSUR DISTRICT. THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 06/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C. KURIAKOSE & C.K. ABDUL REHIM, JJ. ------------------------------------------ FAO. No. 109 of 2010 ------------------------------------------- Dated this the 6th day of April, 2010 J U D G M E N T Pius C. Kuriakose, J. This appeal is directed against the order of the execution court dismissing an application filed by the appellant who was the second judgment debtor for setting aside the sale under Order 21 rule 90 C.P.C. As this appeal came up for admission Sri.P.Ramachandran, learned counsel for the appellant submitted before us that subsequent to the impugned order the entire decree debt and the expenses incurred by the decree holder in connection with the E.P. was paid to the decree holder and the amounts were received by the decree holder. The learned counsel requested that notice be issued to the decree holder, so that after hearing the decree holder regarding the correctness of the above submission we can set aside the sale. We record the above submission of the learned counsel and accept the same to be at face value. We set aside the impugned order FAO.109/10 - 2 - and remand E.A. 1767/09 to the Subordinate Judge. The Subordinate Judge will consider the above E.A. as one filed under Order 21 Rule 89. If it is revealed on hearing respondent also that the entire decree debt and expenses incurred by the decree holder in connection with the E.P. including expenses for publication and conduct of sale has been paid to the satisfaction of the respondent the court below will not hesitate to set aside the sale. FAO is disposed of at this stage itself in the above terms. Issue photocopy of this judgment today itself. PIUS C.KURIAKOSE, JUDGE C.K. ABDUL REHIM, JUDGE ksv/-