IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 FAO.No. 125 of 2008() --------------------- AGAINST THE ORDER DATED 03/03/2008 IN EP.185/2006 IN OS.134/2002 of PRL.M.C.KOZHIKODE-I .................... APPELLANT/PETITIONER/JUDGEMENT DEBTOR --------------------------------------------------------- PADUVALATH SUDHAKARAN, S/U.UNEERIKUTTY, ELATHOR VILLAGE, MOKAVOOR DESOM, KOZHIKODE TALUK. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA SMT.P.RANI DIOTHIMA RESPONDENT(S): RESPONDENT/DECREE HOLDER --------------------------------------- 1. VADAKKEDATHKANDY BALAGOPALAN, S/O.CHOYI, PUTHIYANGADI VILLAGE, EDAKKAD DESOM, KOZHIKODE TALUK. * ADDL.R2 SUGUNAN P., S/O.SANKARAN AGED 60 YEARS, RESIDING AT “ASWATHY”, CHALIL, P.O.PARAMBIL, (VIA) MARIKUNNU, KOZHIKODE-673 012. (IMPLEADED AS ADDL.R2 AS PER ORDER DT 13-10-2009 IN IA.2716/08) ADV. SRI.T.R.RAVI FOR R1 SRI.P.S.MURALI FOR R1 SRI.T.R.RAVI FOR ADDL.R2 SRI.P.S.MURALI FOR ADDL.R2 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 13/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ``````````````````````````````````` F.A.O. No. 125 OF 2008 ``````````````````````````````````` Dated this the 13th day of October, 2009 J U D G M E N T Joseph, J. The appeal is filed against an order under Order 21 Rule 78, 89 and 90 and under Section 151 of the Code of Civil Procedure. 2. We heard the learned counsel for the appellant and also the learned counsel appearing on behalf of respondents 1 and 2, who are the decree holder and the auction purchaser respectively. The decree is in a sum of Rs.15,000/-. It is common case that the appellant has deposited the said amount in court. The 2nd respondent, auction purchaser, has deposited a sum of Rs.2,01,000/-. The parties have agreed that if the appellant deposits a further sum of Rs.30,000/-, which can be withdrawn by the 2nd respondent auction purchaser, the respondents have no objection in the sale being set aside. Accordingly, we pass the following order:- On condition that the appellant will deposit a sum of FAO.125/2008 : 2 : Rs.10,000/- within one week from today and deposit the balance amount of Rs.20,000/- on or before 31-12-2009, the impugned order as also the execution sale will stand set aside. We make it clear that upon such deposit being made by the appellant, it will be open to the 2nd respondent to withdraw Rs.2,01,000/- lying in deposit as also the amount as aforesaid. It is also made clear that the 1st respondent decree holder can withdraw the amount deposited by the appellant in court. If the appellant does not deposit Rs.10,000/- or Rs.20,000/- as aforesaid, the impugned order will stand supported and the sale will stand. The Appeal is disposed of as above. (K.M.JOSEPH, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) aks