IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH SATURDAY, THE 20TH AUGUST 2011 / 29TH SRAVANA 1933 OP(C).No. 630 of 2011(O) ------------------------ AGAINST THE ORDER DATED 29/01/2011 IN EP 192/09 IN OS.249/2005 of SUB COURT,KOLLAM .................... PETITIONER(S): ------------------------ P.KABEER, AGED 60 YEARS, S/O.PEERUKANNU, RESIDING AT MANALIL PURAYIDOM, PUNATHALA CHERRY, VALATHUNGAL, KOLLAM, PIN-691 018. BY ADV. SRI.T.R.RAJAN RESPONDENT(S): --------------------------- 1. HDFC BANK LTD. (FORMERLY CENTURION BANK AND LORD KRISHNA BANK), HDFC BANK HOUSE, SENAPATHI BAPAT MARG, LOWER PAREL MUMBAI, PIN 400 013 REPRESENTED BY ITS ASSISTANT MANAGER. 2. M/S. BISMI TOBACCO, VALIYAKADA MARKET, MUNICIPAL COMPLEX, KOLLAM, PIN-691001 REPRESENTED BY ITS PROPRIETOR M.A.KABEER. 3. M.A.KABEER, PROPRIETOR, M/S.BISMI TOBACCO RESIDING AT PANDARA VAYALIL PUTHEN VEEDU, VALLIMOODU, ERAVIPURAM, PIN-691 011. R1 BY ADV. SRI.T.RAJESH, SC, HDFC BANK LTD. THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 20/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss OPC.NO.630/2011 O APPENDIX PETITIONERS' ANNEXURE: P1: COPY OF THE SALE NOTICE DTD. 29/01/2011 IN E.P.NO.192/2009 IN OS.NO.249/2005 ON THE FILES OF THE SUB COURT, KOLLAM. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.630 of 2011 --------------------------------------- Dated this 20th day of August, 2011 JUDGMENT Ext.P1, sale notice issued by learned Sub Judge, Kollam in E.P.No.192 of 2009 in O.S.No.249 of 2005 is under challenge on various grounds including that there was no notice of execution proceeding to the petitioner/judgment debtor No.3. 2. When the matter came up for hearing before me this day, learned counsel for petitioner/judgment debtor No.3 and the first respondent/decree holder submitted that the entire amount due to the first respondent was paid by depositing `.1,00,000/- (Rupees One Lakh Only) in the executing court as per order of this Court dated 14.02.2011 and by direct payment of `.6.27 lakhs (Rupees Six Lakhs and Twenty Seven Thousand Only) to the first respondent. Counsel on both sides have agreed that since entire amount due to the first respondent is thus paid, no further proceeding in execution is necessary and hence Ext.P1, sale notice could be set aside and the execution proceeding could be closed. It is also agreed by counsel on both sides that the sum of `.1,00,000/- deposited by petitioner in the executing court pursuant to the order of this Court could be withdrawn by the O.P(C).No.630 of 2011 -: 2 :- first respondent. Counsel on both sides have made an endorsement on the paper book to the above effect. In view of the above submissions and endorsement, this original petition is allowed in the following lines: (i) It is recorded that the entire amount due to the first respondent (inclusive of the amount deposited in the executing court as per the order of this Court) has been paid. (ii) Ext.P1, sale notice is therefore set aside. (iii) E.P.No.192 of 2009 in O.S.No.249 of 2005 of the Court of learned Sub Judge, Kollam will therefore stand closed. (iv) First respondent is permitted to withdraw the sum of `.1,00,000/- (Rupees One Lakh Only) deposited by petitioner in the executing court as per order of this Court dated 14.02.2011. (THOMAS P JOSEPH, JUDGE) Sbna/-