IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 EFA.No. 19 of 2001() ----------------------------- AGAINST THE ORDER DATED 14/03/2001 IN EA.591/2000 IN EP.66/95 IN OS.171/1981 of ADDL.SUB COURT,PARAVUR .................... APPELLANTS - PETITIONERS: -------------------------------------- 1. DEVI, W/O. NARAYANANKUTTY, ARUNODAYAM VEETTIL MARADU VILAGE, KANAYANNOOR TALUK. 2. KRISHNAKUMAR, S/O. PARAMESWARA MENON, PARUDHIPPILLY VEETTIL, PARAPPURATH, KIZHAKKUMBHAGOM VILLAGE, ALUVA TALUK. 3. ARAVINDAKSHAN, DO. DO. DO. 4. VENUGOPALN, DO. DO.DO. 5. OMANAKUTTAN, DO. DO. DO. BY ADV. SRI.P.VISWANATHAN RESPONDENTS - - RESPONDENTS - DECREE HOLDER JUDGMENT. DEBTORS 1 TO 5: ------------------------------------------------------------------------- 1. THE FEDERAL BANK LTD. ALUVA (DECREE HOLDER) 2. LAKSHMI GENERAL ENGINEERING WORKS, MINI INDUSTRIAL ESTATE, KANJOOR.' 3. PARAMESWARA MENON, PARAPPURATH PARUDHIPPILLY VEETTIL, KZIHAKKUMBHAGOM VILLAGE, ALUVA TALUK. 4. SASI, PUTHANPURAYIL VEEDU, PANGODE, VADAVUKODE. 5. KOCHUKUTTAN NAIR, PARUDHIPPILLY HOUSE, SREEMOOLANAGARAM. 6. SANTHAKUMARI, W/O. PARAMESWARA MENON, PARUDHIPPILLY VEETTIL, KIZHAKKUMBHAGOM VILLAGE, ALUVA TALUK. BY ADV. SRI.VARGHESE C.KURIAKOSE SRI.G.RAJAGOPAL THIS EXECUTION FIRST APPEAL HAVING BEEN FINALLY HEARD ON 02/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR, J. = = = = = = = = = = = = = = = = = = = E.F.A. NO. 19 2001 = = = = = = = = = = = = = = = = = = = Dated this the 2nd day of January, 2008 J U D G M E N T -------------------- This appeal is filed by the strangers to the decree asserting independent title over a property sold in execution of a money decree obtained by the first respondent, Federal Bank Ltd., Aluva, in O.S. No.171 of 1981. First respondent Bank filed the suit against respondents 2 and 3 for realisation of money due to the Bank. Suit was decreed. The Bank filed E.P. No.66 of 1995 for realisation of the money by sale of 50 cents of land comprised in Sy.No.401/1 of Kizhakkumbhagom Village and a building situated in that property. Property was sold and purchased by the decree holder, Bank, itself. When the Bank sought delivery of that property, appellants filed E.A. No.591 of 2000 under Order XXI Rule 97 CPC alleging that the third judgment debtor has only 1/6th share in the property and they are having title over 5/6th shares. They disputed the identity of the property sold and sought to be delivered also. According to the appellants, the property sought to be E.F.A. NO. 19 OF 2001 -: 2 :- delivered was not the property sold. The executing court passed a strange order. It was held that while delivering the property the decree holder has to take steps to file a petition for deputing a Taluk Surveyor for identifying the property. Executing court further held that even accepting the case of the appellants, the 5th judgment debtor has derived some right over the property. Challenging that order, this appeal is filed. 2. During the pendency of the appeal counsel for the appellants submitted that the appellants are prepared to pay the entire amount claimed by the Bank. Suggestion was put to the Bank as to why it cannot accept the amount due to it especially in view of the fact that the property was sold for the realisation of the debt due to the Bank. The appellants paid a sum of Rs.3,52,566/- to settle the amount due to the Bank by way of Demand Draft dated 1.1.2008. Since the entire amount due to the Bank was paid, I am of the view that it is just and proper that the sale effected is set aside. The property was sold on 3.12.1993 and purchased by the Bank. The sale was confirmed on 4.2.1994 and sale certificate was issued on 26.3.1994. E.F.A. NO. 19 OF 2001 -: 3 :- 3. In the result, the appeal is allowed. Sale of 50 cents of property comprised in Sy.No.401/1 of Kizhakkumbhagom Village and sold in E.P. No.66 of 1995 in O.S. No.171 of 1981 on the file of the First Addl. Sub Court, North Paravur is hereby set aside. The sale certificate dated 26.3.1994 issued by the Additional Sub Judge is also set aside. It is declared that the entire amount due to the decree holder Bank in the suit was paid by the appellants and received by the Bank. It is also declared that the appellants and 6th respondent are having title over the property free from the encumbrances. Appellants can produce the copy of this judgment before the Sub Registrar and also the revenue authorities concerned for effecting mutation and changes of Patta in the village records. Civil Miscellaneous Petition No.4680 of 2001 shall stand dismissed. K. PADMANABHAN NAIR, JUDGE. vsv K. PADMANABHAN NAIR, J. ===================== E.F.A. NO.19 OF 2001 ===================== J U D G M E N T ------------------------------------------- 2ND JANUARY, 2008 E.F.A. NO. 19 OF 2001 -: 5 :- K. PADMANABHAN NAIR, J. = = = = = = = = = = = = = = = = = = = = = = = = = E.F.A. NO. 19 OF 2001 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 17th day of December, 2007 O R D E R ----------------- It is submitted by the learned counsel appearing for the first respondent-decree holder, Federal Bank Ltd., that the Bank had consented to settle the account of the account of the judgment debtors, appellants herein, provided they are prepared to remit the up to date dues as per the terms of the decree along with the amount incurred by the Bank towards the cost of sale sannad within a period of one week. E.F.A. NO. 19 OF 2001 -: 6 :- 2. In view of the submission made by the counsel for the Bank appellants are directed to deposit the amount as claimed by the Bank, if they are prepared to settled the account, within one week from the date of receipt of a statement from the Bank showing the amount due from the appellants. There will be a direction to the appellants to contact the concerned Manager of Federal Bank, Aluva along with a copy of this order. The Manager will furnish the statement of accounts to the appellants within three days from the date of receipt of this order. The appellants shall remit the amount due as per the statement received from the Bank within one week from the date of receipt of the statement. Post on 2.1.2008. K. PADMANABHAN NAIR, JUDGE. vsv K. PADMANABHAN NAIR, J. ================================ E.F.A. NO. 19 OF 2001 =============================== O R D E R ------------------------------------------------------ 17TH DECEMBER, 2007