IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 FAO.No. 298 of 2010() --------------------------- EA 240/08 AND EA 246/08 IN EP 34/06 IN OS.113/2003 of SUB COURT, KOTTARAKKARA .................... APPELLANT/JUDGMENT DEBTOR NO.3 -------------------------------------------------- LALITHA KUMARI, VISHNU NIVAS, NADUKKUNNU MURI, MELILA VILLAGE, KOTTARAKKARA TALUK, NOW RESIDING AT MANNOOR VEEDU, KADAMKOKODU, THINGALKARIKKAM, PATHANAPURAM. BY ADV. SRI.SYAM J SAM RESPONDENT(S): DECREE HOLDER/AUCTION PURCHASER/JUDG.DEBTOR ---------------------------------------------------------- 1. INDIAN OVERSEAS BANK, VETTIKAVALA, REPRESENTED BY ITS MANAGER, VETTIKAVALA BRANCH, KOTTARAKKARA 691 506. 2. P.L.SHIBULAL, P.L.VIHAR, AMBALATHUMKALA, ELIYODU MURI, EZHUKANE VILLAGE, KOTTARAKKARA 691 502. 3. N.K.P.MOSAIC, REPRESENTED BY PROPRIETOR, K.BABU. 4. K.BABU, VISHNU NIVAS, NADUKKUNNU MURI, MELILA VILLAGE. ADV. SRI.P.B.SURESH KUMAR, SC, I.O.BANK FOR R-1 SRI.B.MOHANLAL FOR R2 SRI.SAIJU S. FOR R2 SRI.C.SINOY FOR R2 SRI.ALEXANDER GEORGE FOR R3-4 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 29/08/2011, ALONG WITH FAO NO.343 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------------- F.A.O. Nos.298 & 343 of 2010 ----------------------------------------------- Dated 29th August, 2011. J U D G M E N T Joseph, J. These appeals are connected and hence they are disposed of by a common judgment. 2. The second appellant in F.A.O.343/2010 is the husband of the appellant in F.A.O.298/10. The first appellant in F.A.O.343/10 is a proprietorship concern. The first respondent Bank instituted a suit, obtained a decree and in execution, the property was brought for sale. The property brought for sale consisted of 20 cents belonging to the second appellant/husband in F.A.O.343/10 and 50 cents jointly belonging to the second appellant/husband and the appellant in F.A.O.298/10. It is both these properties which were sold and purchased in auction by the third respondent in F.A.O.343/10, who is the second respondent in F.A.O.298/10. The appeals are filed challenging the orders passed by the execution court rejecting the application filed under Order 21 Rule 90 of the Civil Procedure Code, filed by the proprietorship concern and the husband and also the wife. FAO 298 & 343/10 2 3. When this matter came up today, learned counsel appearing on behalf of the appellant in F.A.O.298/10 would submit that the appellant/wife is prepared to pay a sum of Rs.9,00,000/- and that the amount already deposited by the auction purchaser can be withdrawn by the decree holder bank. He prays for one month's time from today. To this course, there is no serious dispute either by the Bank or auction purchaser. In such circumstances, we dispose of both the appeals as follows : The appellant in F.A.O.298/10 will pay a sum of Rs.9,00,000/- (Rupees nine lakhs only) directly to the auction purchaser, who is the second respondent in F.A.O.298/10 and produce acknowledgment before the court below within a period of one month. It will be open to the Bank to withdraw the amount, which is already deposited by the auction purchaser. If the appellant in F.A.O.298/10 pays the amount as aforesaid, the impugned orders will stand set aside and the application filed to set aside the sale shall stand allowed. In case the appellant in F.A.O.298/10 fails to pay the amount of FAO 298 & 343/10 3 Rs.9,00,000/-, the appeals will stand dismissed. Sd/- K.M.JOSEPH, JUDGE. Sd/- M.L.JOSEPH FRANCIS, JUDGE. tgs (True copy) P.S. to Judge.