IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 Ex.FA.No. 51 of 2010() -------------------------------- E.A.1360/2010 IN E.P.60/2007 IN OS.747/1996 of II ADDL.SUB COURT, THRISSUR .................... APPELLANT/CLAIM PETITIONER/THIRD PARTY --------------------------------------------------------------------- AJITHA, AGED 37, W/O.ALUPARAMBIL BALAN, VALAPPAD VILLAGE, KAZHIMBRAM DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR), SMT.PREETHY KARUNAKARAN, SRI.K.RAVI (PARIYARATH). RESPONDENTS/DECREE HOLDER AND JUDGMENT DEBTORS ------------------------------------------------------------------------------------------- 1. THE MANAGER, CATHOLIC SYRIAN BANK LTD., VALANJAMBALAM BRANCH-16. 2. SULOCHANA RAJAN, W/O.K.V. RAJAN, SOLE PROPRIETOR, PERFECT GARMENTS, DESABHIMANI ROAD, KALOOR, COCHIN-17. 3. RAJAN, S/O.KUNNATHULLY VELU, KAZHIMBRAM DESOM, VALAPPAD VILLAGE, CHAVAKKAD- 680 506. BY THIS EXECUTION FIRST APPEAL HAVING COME UP FOR ADMISSION ON 20/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs THOTTATHIL.B.RADHAKRISHNAN & P.BHAVADASAN, JJ. ------------------------------------------------------------------------ Ex.F.A. No.51 of 2010 ------------------------------------------------------------------------ Dated 20th December 2010 Judgment Thottathil.B.Radhakrishnan, J. Having regard to the nature of the directions being issued hereunder, we dispense with notice to the respondents, preserving their right to move for re-hearing of this appeal, if they are aggrieved by the directions contained herein. 2. We have heard the learned counsel for the appellant quite in extenso. The plea of the appellant is that she obtained a property from the judgment debtors on the basis of a transfer deed. The judgment debtors suffered a decree on a ground which, essentially is irrelevant for recognising the sale in question. The court below has considered the relevant materials and evidence and has come to the conclusion that the outstanding liabilities of the judgment debtors can be enforced by way of sale of the property which was sold to the judgment debtors by the decree holder. This is for the simple reason that the decree is a charge decree. We therefore find no way to come to the aid of the appellant. The appeal deserves only to be dismissed. However, taking into consideration, the submission made by the learned counsel for the appellant, we direct that if the Ex.FA 51/10 2 appellant deposits the entire amount due to the bank, including towards costs and expenses within a period of three months, the bank will treat the transaction as settled. Even if the sale has taken place, the confirmation of the same will stand deferred for a period of three months to enable the parties to work out their remedies in accordance with the aforesaid direction. Subject to this limited relief being granted in this appeal, the appeal is dismissed. THOTTATHIL.B.RADHAKRISHNAN, JUDGE P.BHAVADASAN, JUDGE sta Ex.FA 51/10 3