IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 FAO.No. 344 of 2007() --------------------- AGAINST THE ORDER IN EA.285/06 EP.125/02 IN OS.386/1997 of ADDL.SUB COURT,KOTTAYAM .................... APPELLANT -------------------------- V.P.KURUVILLA, VELLAPPALLIL HOUSE, VADAVATHOOR P.O., KOTTAYAM - 686 010. BY ADV. SRI.MATHEW PHILIP EDAPPALLIL RESPONDENTS: ------------- 1. K.A.MATHEW, KOCHUVEETTIL, PUTHENANGADI, KOTTAYAM. 2. A.P.CHERIAN, ADACKAKALATHIL HOUSE, VADAVATHOOR P.O., KOTTAYAM - 686 010. BY ADV. SRI.M.NARENDRA KUMAR SRI.S.JAYAKRISHNAN THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 18/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R.RAMAN & V.K.MOHANAN, JJ. --------------------------------- F.A.O.No.344 OF 2007 ------------------------------------ Dated this the 18th day of January, 2008 JUDGMENT Raman, J. The applicant who is the decree holder is challenging the order dated 04/04/2007 in E.A.No.285/06 in E.P.No.125/02 in O.S.No.386/97 on the file of Additional Sub Court, Kottayam. The court below sold the property earlier which was set aside on objection filed by the judgment debtor. The main grievance raised in the said petition was regarding the upset price shown in the proclamation. That application was allowed on condition of deposit of 20% of the amount. Admittedly that amount was deposited. But in the subsequent proclamation issued, the same mistake crept in. On noticing the same, the court allowed the application-E.A.No.285/2006 and posted the EP for further steps to 07/04/2007. More then 8 months have elapsed thereafter. Counsel for the petitioner would submit that nothing happened thereafter . Nothing is produced to show the subsequent posting and what happened thereafter. At any rate, we find that there is no merit in this appeal. The court below may expedite the FAO 344/07 2 execution proceedings since the decree is of the year 2001. FAO is dismissed subject to the above observation. (P.R.RAMAN, JUDGE) (V.K.MOHANAN, JUDGE) sv.