IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 FAO.No. 294 of 2007 AGAINST THE ORDER DATED 11/06/2007 IN E.A.NO.2200/2005 IN EP.101/05 IN OS.37/2004 ON THE FILE OF THE PRINCIPAL SUB COURT, IRINJALAKUDA. APPELLANT/PETITIONER/JUDGMENT DEBTOR: --------------------------------------------------------- SATHYAN, AGED 59 YEARS, S/O. KARYEZHATH VELAYUDHAN, PERINJANAM VILLAGE & DESOM, KODUNGALLOOR TALUK. BY ADV. SRI.P.K.SAJEEV RESPONDENT: RESPONDENT/DECREE HOLDER: ---------------------------------------- IRINJALAKKUDA KURIES & FINANCE (P) LTD., IRINJALAKKUDA. ADV. SRI.K.S.BHARATHAN THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 03/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ------------------------------------------------------------- F.A.O. NO. 294 OF 2007 ------------------------------------------------------------- Dated this the 3rd November, 2008 JUDGMENT K.T.Sankaran, J. The judgment debtor in O.S.No.37 of 2004, on the file of the Principal Sub Court, Irinjalakkuda, filed an application under Order XXI Rule 90 of the Code of Civil Procedure to set aside the execution sale. By the order impugned, the court below dismissed the application. 2. Learned counsel appearing for the parties submit that the disputes were settled between the parties and that the amount due to the respondent/decree holder was paid and accordingly the decree is fully satisfied. In view of the settlement between the parties, it is agreed that the execution sale can be set aside. Accordingly, as agreed to by the parties, E.A.No.2200 of 2005 in E.P.No.101 of 2005 is allowed. The order passed by the court below is set aside. 3. In view of the setting aside of the sale, the excess amount of Rs.72,496/-, paid by the respondent/decree holder, shall be returned to the respondent/decree holder. It is submitted that stamp papers were produced by the respondent/decree holder for getting the sale certificate. It is submitted that in view of the settlement, the respondent/decree F.A.O. NO.294 OF 2007 :: 2 :: holder may be permitted to approach the execution court for proper reliefs in respect of the value of stamp papers supplied for the purpose of the sale certificate. Respondent may approach the court below for proper reliefs in that regard. The title deeds shall be returned by the respondent to the appellant. The FAO is allowed as above. The interlocutory application for stay, I.A.No.3711 of 2007 is dismissed. (KURIAN JOSEPH) Judge (K.T.SANKARAN) Judge ahz/