IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE A.M.SHAFFIQUE MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 FAO.No. 291 of 2011 --------------------- EA.1022/2010 IN EP.206/2007 IN OS.460/2002 of PRINCIPAL SUB COURT,KOLLAM .................... APPELLANT (S): PETITIONER:JUDGEMENT DEBTOR: ----------------------------------------------------------------------------- P.K.VASUMATHI, K.V.BHAVAN, ALUMPEEDIKA.P.O, PRAYAR THEKKUM MURI, CLAPPANA VILLAGE. BY ADV. SRI.V.S.BABU GIREESAN RESPONDENT(S): RESPONDENT:DECREE HOLDER: ------------------------------------------------------------------------ RAJEEVAN, GURUKULAM VEEDU, MAMANA WARD, OACHIRA VILLAGE-691503. BY ADV. SRI.P.B.SURESH KUMAR, SENIOR ADVOCATE SRI.LEO GEORGE THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 12/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & A. M. SHAFFIQUE, JJ. ------------------------------------------------------- F.A.O.No.291 of 2011 ----------------------------------------- Dated, this the 12th day of December, 2011 J U D G M E N T K.M.Joseph, J. Appellant challenges the order passed by the Principal Sub Court, Kollam in a petition under Order 21 Rule 89 of Code of Civil Procedure to set aside sale. Appellant is the judgment debtor. The application stands dismissed. 2. We heard the learned counsel for the appellant and learned counsel for the respondent. Learned counsel for the appellant sought time to pay off the amount. Learned counsel for the decree holder would submit that, in all if the amount of Rs.4,00,000/- is paid off, the respondent has no objection in the impugned order being set aside and the application for setting aside the sale being allowed. After hearing the learned counsel for the parties, we pass the following order: (i) The impugned order will stand set aside and application allowed on condition that appellant pays off a total sum of Rs.4,00,000/- (Rupees four lakhs) as per the following time schedule. FAO 291/2011 -2- The appellant is to pay a sum of Rs.1 lakh on or before 31.12.2011. She is to further pay Rs.1.5 lakhs on or before 31.1.2012 and another amount of Rs.1.5 lakhs on or before 1.3.2012. If the appellant pays off the sum as aforesaid, as already stated the impugned order and the sale will stand set aside. In case, however, the appellant does not pay off any of the aforesaid sums on or before the dates mentioned, the appeal will stand dismissed and the impugned order will stand. If the appellant pays off the amount as per the schedule any amount which is paid by the respondent in excess of the decree amount shall be refunded to the respondent. (K.M.JOSEPH) JUDGE. (A. M. SHAFFIQUE) JUDGE. MS