IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 FAO.No. 26 of 2011 --------------------------- EA NO.2/2010 IN EP NO.50/2008 IN ARC NO.1114/2007 OF SUB COURT, KOYILANDY. ................... APPELLANT (S):/PETITIONER: ------------------------------------------- ETAYARATT SREEDHARAN, S/O.RAMAN NAIR, AYANIKKAD AMSOM, DESOM, KOYILANDY TALUK. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S):RESPONDENT: --------------------------------------------- SECRETARY, MEPPAYYUR CO-OPERATIVE HOUSING SOCIETY, MEPPAYYUR, KOZHIKODE DISTRICT, PIN-670001. BY ADV. SRI.K.LAKSHMINARAYANAN THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ORDERS ON 21/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------- F.A.O.No.26 of 2011 ----------------------------------------- Dated, this the 21st day of July, 2011 J U D G M E N T K.M.Joseph, J. This appeal is filed for setting aside the sale conducted by the respondent for enforcing the decree obtained. 2. Pending appeal the appellant has paid Rs.3,25,000/-. Last time when the matter came up, we noted the submission of the learned counsel that there is a possibility of the matter being settled. Today when the matter came up, learned counsel for the respondent society would submit that the respondent society is prepared to reduce the liability by a sum of Rs.30,000/- and Rs.1 lakh alone need be paid by the appellant. Learned counsel for the appellant would submit that the appellant is willing to pay off the balance amount. He prays for some time. Having regard to the circumstances we pass the following order: If the appellant pays Rs.50,000/- within six weeks from today and pays off the balance amount of Rs.50,000/- within a period of one month from the expiry of six weeks time, the impugned order will stand set aside and the appeal filed by the FAO 26/2011 -2- appellant will stand allowed. In case the appellant dos not pay either the amount of Rs.50,000/- payable within six weeks or the balance amount of Rs.50,000/- as aforesaid, the impugned order will stand. We make it clear that, it will be open to the respondent to seek refund of amount paid by way of purchase of stamp. The fact of setting aside the sale shall be communicated to the concerned Sub Registrar up the conditions being satisfied. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS