IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 FAO.No. 218 of 2005 --------------------- (AGAINST THE ORDER IN EA.78/04 IN EP.25/89 IN OS.67/1987 of SUB COURT,KOTTARAKKARA) APPELLANT/1ST JUDGMENT DEBTOR: ------------------------------------------ P. MANOHARAN, PUTHENVILA VEEDU, ALENCHERRY, EROOR P.O. BY ADV. SRI.S.SREEKUMAR ADV. SRI.MANU ROY RESPONDENT/DECREE HOLDER: ----------------------------- THE CATHOLIC SYRIAN BANK LTD., TRISSUR, REPRESENTED BY ITS MANAGER, PUNALUR BRANCH. ADV. SRI.PETER THARAKAN THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 27/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & K.T. SANKARAN, JJ. .............................................. F.A.O. No. 218 OF 2005 ............................................... Dated this the 27th November, 2008 J U D G M E N T K.T. Sankaran, J: The appellant and other judgment debtors filed E.A.No. 78 of 2004 in E.P.No. 25 of 1989 in O.S.No. 67 of 1987 on the file of the court of the Subordinate Judge, Kottarakkara under Order XXI Rule 90 of the Code of Civil Procedure to set aside the court auction sale. The court below by the order impugned dismissed the application. However, it was made clear that if the entire decree debt is paid by the judgment debtors before 1st July, 2005, the application would stand allowed. The judgment debtors did not pay the amount as directed. 2. On 17.11.2008, an interim order was passed by this Court directing the appellant to deposit a sum of Rs. 12 lakhs. As per the statement furnished by the bank, the total liability including accrued interest and costs is only about Rs. 12 lakhs. It is submitted that the appellant has deposited Rs.12 lakhs before the bank . Since the decree holder bank is the auction purchaser and it is interested in realising the decree debt and also in view of the order passed by the court below granting liberty to pay the decree debt even after dismissing the application filed under Order XXI Rule 90 of the Code of F.A.O. No. 218 OF 2005 2 Civil Procedure, we are of the view that the order impugned can be set aside. E.A. 78 of 2004 in E.P. 25 of 1989 in O.S.No. 67 of 1987 is allowed since the bank has realised the entire decree debt including costs. Accordingly, the Appeal is allowed, setting aside the order in E.A.No. 78 of 2004. The court auction sale is set aside. Since the sale was confirmed and sale certificate was issued to the bank, the bank shall re-convey the property to the appellant at the expense of the appellant. The bank shall return all the title deeds in respect of the property to the appellant. The appellant may move for return of title deeds produced by the bank before the trial court in respect of the property and in such an event, the trial court shall dispose of the application expeditiously. KURIAN JOSEPH, JUDGE. K.T. SANKARAN, JUDGE. lk