IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 FAO.No. 130 of 2008 --------------------- ( AGAINST THE ORDER IN EA.955/07 IN EP.247/05 IN OS.354/2003 of PRL.SUB COURT, IRINJALAKUDA ) APPELLANT/PETITIONER/JUDGMENT DEBTOR: ---------------------------------------------------------------------- SRI.KUNJUVAREED, S/O.AMBOOKAN KOCHUVARKEY AMBOOKAN HOUSE, POYYA VILLAGE, KODUNGALLOOR TALUK, THRISSUR DISTRICT. BY ADV. SRI.M.C.GOPI RESPONDENT/RESPONDENT/DECREE HOLDER: -------------------------------------------------------------------------- KALYANADAYINI SABHA, ANAPUZHA, METHALA VILLAGE, KODUNGALLOOR TALUK, THRISSUR DISTRICT. ADV. SRI.K.G.BALASUBRAMANIAN THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 23/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T. SANKARAN, JJ. ........................................................................ F.A.O. No. 130 OF 2008 ......................................................................... Dated this the 23rd September, 2008 J U D G M E N T K.T. Sankaran, J: The judgment debtor is the appellant. The application filed by the appellant under Order XXI Rule 90 of the Code of Civil Procedure was dismissed by the court below by the order impugned in this appeal. The decree holder himself purchased the property in court auction for a sum of Rs.5,50,010/-. 2. Learned counsel for the appellant submitted that the appellant is prepared to pay the decree debt together with 5% of the auction amount, costs and value of the stamp paper to the decree holder/auction purchaser as a condition to set aside the court auction sale. Learned counsel for the respondent/auction purchaser, on instruction, submitted that on principle, the respondent has no objection if he gets the aforesaid amounts within the shortest possible time. 3. Learned counsel for the appellant submitted that at least nine F.A.O. No. 130 OF 2008 2 months' time is required to find out a purchaser for the property so that he can discharge the debt. This is objected to by the counsel for the respondent and he stated that the maximum time that can be granted is three months. 4. After having heard the learned counsel for the parties and taking into account the facts and circumstances of the case and also taking into account the broad consensus arrived at between the parties, the appeal is disposed of in the following manner: i) The court auction sale will stand set aside and the F.A.O will stand allowed, if the appellant deposits for payment to the respondent a sum of Rs.5,50,010/- together with 5% of the said amount, interest on Rs. 5,50,010/- at the rate of 6% pert annum from the date of auction to the date of payment, costs and value of the stamp paper, if any, supplied by the auction purchaser, within a period of six months from today. ii) On failure to deposit the aforesaid amount within the aforesaid period, the F.A.O. will stand dismissed with costs. iii) Payment, if any, already made by the judgment debtor after the settlement of proclamation will be adjusted from the amount to be paid by the judgment debtor to the decree holder/auction purchaser. iv) It is stipulated and agreed between the parties that under no F.A.O. No. 130 OF 2008 3 circumstances, the appellant will pray for extension of time and the respondent/decree holder will not be requested to agree to any further extension at any point of time. I.A.No. 2120 of 2008 in F.A.O.No. 130 of 2008: Dismissed. KURIAN JOSEPH, JUDGE. K.T. SANKARAN, JUDGE. lk