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 RFA.No. 354 of 2008() --------------------- OS.50/2005 of SUB COURT, QUILANDY .................... APPELLANT/3RD DEFENDANT:- --------------------------------------------- ABDUL MANAF T.P., S/O MUHAMMED KOYA HAJI, THACHAMPOLI HOUSE, IYYAD P.O., KOZHIKODE (DISTRICT). BY ADV. SRI.PHILIP ANTONY CHACKO RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY ITS CALICUT MAIN BRANCH MANAGER, JAYADEVAN, S/O B.K. MANNADIYAR, AGED 50 YEARS, NAGARAM AMSOM, DESOM , KOZHIKODE TALUK. 2. M/S DARASANA STORES, UNNIKULAM P.O., POONOOR, REPRESENTED BY PROPRIETOR, N.V. ABDURAHIMAN. 3. N.V. ABDU RAHIMAN, S/O MARAKKAR HAJI, NEROTH HOUSE, UNNIKULAM P.O., POONOOR, KOZHIKODE. * 4. MOHAMMED IQBAL, CENTRAL AVENUE, (DELETED) OPP. CHRISTIAN COLLEGE, KANNUR ROAD, KOZHIKODE. (NAME AND ADDRESS OF THE 4TH RESPONDENT IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE PETITIONER AS PER ORDER DT 3-9-08 IN IA.3676/08) BY ADV. SRI.A.S.P.KURUP, SC, UBI FOR R1 THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 09/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ``````````````````````````````````` R.F.A. No. 354 OF 2008 ``````````````````````````````````` Dated this the 9th day of October, 2009 J U D G M E N T Joseph, J. When the matter came up, it is submitted that the appellant has paid the entire amount as per the order passed by this Court. There is no dispute regarding this aspect. In such circumstances, this appeal is closed. 2. Learned counsel for the appellant submits that the documents relating to the property, which have been produced by the plaintiff, may be directed to be returned to the appellant. Learned counsel for the respondent Bank submits that they will make an application for return of the documents before the court below, within one week from the date of receipt of a copy of this judgment. It is further ordered, upon receipt of the application by the plaintiff Bank, the documents shall be returned to the Bank, within one week from the date of receipt of the RFA.354/08 : 2 : application. The learned counsel for the Bank submits that within one week of receipt of the said documents, the same will be handed over to the appellant. It is recorded. (K.M.JOSEPH, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) aks