IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 12TH MARCH 2010 / 21ST PHALGUNA 1931 FAO.No. 23 of 2009() -------------------- AGAINST THE ORDER IN IA.1206,1207/2006 IN OS.114/2004 of SUB COURT, PAYYANNUR .................... APPELLANT/PETITIONER/DEFENDANT NO.1 ------------------------------------------------------- MINI JACOB, W/O.JACOB, AGED 34 YEARS, NOW RESIDING AT KODAYATHUR VILLAGE THODUPUZHA TALUK, IDUKKI DISTRICT. BY ADV. SRI.C.A.JOSEPH SRI.K.K.MOIDEEN RESPONDENT(S): PLAINTIFF & DEFENDANTS 2 TO 6 -------------------------------------------- 1. THE FEDERAL BANK LTD., CHEMPERI BRANCH THROUGH ITS BRANCH MANAGER, ERUVESSI VILLAGE, P.O.CHEMPERI, KANNUR DISTRICT. 2. ANNAKUTTY, W/O.CHACKO, AGED 59 YEARS, KOLLIYIL HOUSE, P.O.NADUVIL, KANNUR DISTRICT. 3. K.D.DEVASYA @ BABY, S/O.DEVASIA, KOLLIYIL HOUSE, P.O.NADUVIL, KANNUR DISTRICT. 4. P.E.THOMAS @ SUNNY, S/O.IMMANUEL, AGED 40 YEARS, PORANGANAL HOUSE, VILAKKANNUR, P.O.NADUVIL, KANNUR DISTRICT. 5. ALBIYA JOSE, D/O.CHACKO (MINOR), KOLLIYIL HOUSE, P.O.NADUVIL, KANNUR DISTRICT. 6. JOSPHIN JOSE, S/O.CHACKO (MINOR), KOLLIYIL HOUSE, P.O.NADUVIL, KANNUR DISTRICT. THROUGH 5 & 6 MINOR MEMBER COURT GUARDIAN SRI.K.O.PRAKASH NAMBIAR, ADVOCATE (I) (D). ADV. SRI.A.ANTONY FOR R1 SMT.LEELAMMA ANTONY FOR R1 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 12/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ F.A.O.No. 23 OF 2009 ------------------------ Dated this the 12th day of March, 2010 JUDGMENT Pius C.Kuriakose, J. This appeal arises from an order passed by the Subordinate Judge, Payyannur dismissing an application filed by the first defendant for setting aside the ex parte decree that was passed against her. It was submitted by Sri.C.A.Joseph, learned counsel for the appellant, that the appellant is ready and willing to pay off the respondent Bank. According to him, the balance paybale is only Rs.4.85 Lakhs. The learned counsel submitted that the appellant will be ready and willing to pay the above amount on or before 31/3/2010. Sri.A.Antony, learned counsel for the Bank, also submitted that the amount due to the Bank is Rs.4.85 Lakhs. 2. Under the above circumstances, we feel that an conditional order can be passed allowing the appeal. Accordingly, we dispose of the appeal in the following terms; The impugned order will stand set aside and I.A. No. 1206/2006 will stand allowed on condition that the appellant FAO.No.23/2009 2 pays a sum of Rs.4.85 Lakhs to the respondent Bank or or before 7/4/2010 and produces receipt before the Subordinate Judge's court. Once that court notices receipt against payment of the above amount, this judgment will become operative. If payment is not made, the impugned order will stand confirmed and FAO will stand dismissed. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk