IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 Ex.FA.No.27 of 2007 ----------------------- AGAINST THE ORDER DATED 11.06.2007 IN EA 38/2007 IN E.A.827/2006 IN E.P. 656/2004 IN O.S.800/1999 OF SUB COURT,THRISSUR .................... APPELLANT/PETITIONER/CLAIM PETITIONER: ------------------------------------------------- VANAJAKUMARI, AGED 44 YEARS, D/O.SARESH CHANDRAN, ALLIPRA HOUSE, KARAKKAD DESOM, GURUVAYOOR VILLAGE, CHAVAKKAD TALUK. BY ADV. SRI.BABU CHERUKARA RESPONDENT/RESPONDENT/DECREE HOLDER/PLAINTIFF: --------------------------------------------------------------- 1. UTHRADAM KURIES (P) LTD., KUNNAMKULAM VILLAGE, DESOM, TALAPPILLY TALUK, REPRESENTED BY IT'S MANAGING DIRECTOR, PETER C.CHACKO, S/O.CHEERAN BABY, KUNNAMKULAM VILLAGE, DESOM, THALAPPILLY TALUK. RESPONDENT/2ND RESPONDENT/J.D/ DEFENDANT: --------------------------------------------------------- 2. SASIKUMAR, S/O.SARESH CHANDRAN, ALLIPRA HOUSE, GURUVAYUR, THRISSUR. ADV. SRI.K.N.PADMAKUMAR FOR R1 THIS EXECUTION FIRST APPEAL HAVING BEEN FINALLY HEARD ON 28/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & P.R. RAMACHANDRA MENON, JJ. ---------------------------------------- Ex.F.A.No.27 OF 2007 ---------------------------------------- Dated this the 28th day of January, 2009. J U D G M E N T Kurian Joseph, J. This is an appeal filed against the order in E.A.No.38/2007 in E.A.No.827/2006 in E.P.No.656/2004 in O.S.No.800/1999 on the file of the Sub Court, Thrissur. The appellant is the petitioner who is the claim petitioner. The claim petition was dismissed. That order has become final during the pendency of this appeal. But it is submitted that the entire claim has been satisfied and hence the proceedings regarding confirmation of the sale can be set aside. That submission is not opposed by the counsel appearing for the decree holder. The application for setting aside the sale was filed as E.A.No.827/2006 and E.A.No.38/2007 was filed for reviewing the order passed in E.A.No.827/2006. 2. In view of the satisfaction of the decree claim and since no other claim is raised with regard to the events pursuant to the Ex.F.A.No.27/2007 2 execution proceedings, we set aside the order in E.A.No.38/2007 and E.A.No.827/2006 in E.P.No.656/2004. E.P.No.656/2004 is dismissed. Needless to say that the sale conducted in the proceedings is also set aside. The appellant and the second respondent-judgment debtor have no objection in the first respondent-decree holder withdrawing the amount deposited in the execution proceedings. Therefore, there will be a direction to the Execution Court to permit the first respondent-decree holder to withdraw the amount deposited by the claim petitioner before the Execution Court. The appeal is allowed as above. KURIAN JOSEPH JUDGE P.R. RAMACHANDRA MENON JUDGE smp Ex.F.A.No.27/2007 3 KURIAN JOSEPH & P.R. RAMACHANDRA MENON, JJ. Ex.F.A.No.27 OF 2007 J U D G M E N T 28.01.2009