IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 Ex.FA.No. 37 of 2010(A) ----------------------- AGAINST THE ORDER DATED 16/06/2010 IN EP 68/05 IN OS.34/1996 of SUB COURT,THODUPUZHA APPLICANT/JUDGMENT DEBTOR ------------------------------------- GOPALAKRISHNAN,AGED 54, AYYAPPAN, AYKKARAKUNNEL HOUSE, VANNAPPURAM KARA, VANNAPPURAM VILLAGE,THODUPUZHA. BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SMT.K.M.RAMYA SRI.P.K.RAKESH KUMAR RESPONDENT: DECREE HOLDER --------------------------- ------- SIVARAMAN,S/O.NARAYANAN,NADACKANAL HOUSE VADAKKUMMURI,THODUPUZHA VILLAGE. 683 258. ADV. SRI.JOSE JOSEPH ARAYAKUNNEL SRI.VARGHESE PARAMBIL THIS EXECUTION FIRST APPEAL HAVING COME UP FOR ADMISSION ON 19/08/2010, ALONG WITH THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN & S.S. SATHEESACHANDRAN, JJ. = = = = = = = = = = = = = = = = = = = = = EX. F.A. No. 37 OF 2010 & I.A. 303/2010 IN I.A. 220/2010 IN R.P. 239/2010 IN W.P.(C) 9488/2008 = = = = = = = = = = = = = = DATED THIS, THE 19TH DAY OF AUGUST, 2010. J U D G M E N T THOTTATHIL B. RADHAKRISHNAN, J. We had passed an order on 16.8.2010 in I.A. 303/2010 IN I.A. 220/2010 IN R.P. 239/2010 IN WP(C) 9488/2008 & EX.F.A. 37/2010 & I.A. 1818/2020. 2. On 16.8.2010, we have minuted the above said order recording the submission that an amount of Rs. 11 lakhs has been deposited before the court below and if the appellant pays the respondent-decree holder a further amount of Rs. 1 lakh over and above the amount of Rs. 11 lakhs already in deposit, these matters could be closed appropriately. The Decree holder- auction purchaser has been paid a further amount of Rs. 1 lakh and a memo to that effect is filed today in Ex.F.A. 37/2010 by the counsel for the judgment debtor. Receipt of the counsel for the decree holder regarding the receipt of the said amount of Rs. 1 lakh is appended to that memo. We record that payment and receipt in the presence of the learned counsel appearing for both the parties who conceded that the said transactions having been made. 3. As noted in our order dated 16.8.2010 referred to above, the total sale price was only Rs. 11,54,000/-. Therefore, the payment of Rs. 1 lakh now made with the amount of Rs. 11 lakhs pending in deposit before the court below will do complete justice between the parties on such amount being available to the decree holder-auction purchaser and the sale can be set aside making the property available to the judgment debtor. 4. For the aforesaid reasons, on consent of parties, we set aside the sale which is the subject matter of Ex.F.A. 37/2010 and order that the court below will release the amount of Rs. 11 lakhs lying in deposit to the decree holder. Necessarily, consequential actions like release of documents etc. will be done immediately, taking that the sale stands set aside hereby. 5. As consequence of the above, I.A. 303/2010 in I.A. 220/2010 in R.P. 239/2020 in W.P.(C) 9488/2008 will stand allowed and the time granted by the original order in the Review Petition will stand extended till today. THOTTATHIL B. RADHAKRISHNAN, (JUDGE) S.S. SATHEESACHANDRAN, JUDGE knc/-