IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 FAO.No. 143 of 2009() --------------------- OS.401/1999 of II ADDL.SUB COURT,THRISSUR .................... APPELLANTS/PETITIONERS/ -------------------------------------- 1. GIRIJA, W/O.PULIKKATHARA SIDHARTHAN 2. SIDHARTHAN,S/O.PULIKKATHARA RAMACHANDRAN BOTH ARE RESIDING AT KOZHUKKULLY VILLAGE THRISSUR TALUK. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.C.A.ANOOP RESPONDENT(S): --------------- THE CATHOLIC SYRIAN BANK LIMITED KANDASSANKADAVU BRANCH, REPRESENTED BY ITS BRANCH MANAGER, THRISSUR DISTRICT. ADV. SRI.PETER THARAKAN THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 09/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ``````````````````````````````````` F.A.O. No. 143 OF 2009 ``````````````````````````````````` Dated this the 9th day of October, 2009 J U D G M E N T Joseph, J. The appeal is sought to be maintained against an order dismissing the application filed by the appellants for setting aside the sale for reason of the default with the appellants. The learned counsel for the respondent Bank would point out that the appeal itself is not maintainable as an appeal is maintainable only against an order either allowing an application to set aside the sale or rejecting it on merits and when an application setting aside the sale is rejected for not representing the matter, the matter is governed by Order XXI Rule 106 of the Code of Civil Procedure. We accept the said contention and, holding that the appeal is not maintainable, we reject it. We make it clear that this decision will not stand in the way of the appellants approaching the Bank for settling the matter on such terms they feel advised. FAO.143/2009 : 2 : We also make it clear that this will not stand in the way of the appellants pursuing any other remedy as may be available in law. (K.M.JOSEPH, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) aks