IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 WP(C).No. 15941 of 2009(O) -------------------------- AGAINST THE ORDER IN EP 224/2004 IN OS.166/1996 of ADDL.SUB COURT, ALAPPUZHA .................... PETITIONER(S): ------------------------- V.UMAYAMMA, PADMAVILASOM, THENNADY, CHIRARAKOM, ALAPPUZHA. BY ADVS. MR.P.VINODKUMAR, MR. T.K.AJITHKUMAR. RESPONDENT(S): -------------------------- 1. THE FEDERAL BANK LTD., ALUVA, THAKAZHY BRANCH, REP.BY BRANCH MANAGER. 2. P.G.SULOCHANA KUMARY, PUTHENCHIRA, THAKAZHY, ALAPPUZHA. 3. R.SOMASEKHARA PILLAI, PUTHENCHIRA, THAKAZHY, ALAPPUZHA. R1 BY ADV. MR.MOHAN JACOB GEORGE R2 BY ADV. SMT.P.V.PARVATHI, SMT.REENA THOMAS, MR.L.RAM MOHAN, MR.N.JAMES AUGUSTINE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.15941/2009 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE JUDGMENT DTD. 7/08/1997 IN O.S.NO.166/96 OF THE ADDL.SUB JUDGE, ALAPPUZHA. P2: COPY OF THE AUCTION NOTICE. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.15941 OF 2009 () ----------------------------------- Dated this the 15th day of January, 2010 J U D G M E N T Petitioner is the judgment debtor in E.P.No.224 of 2004 in O.S.No.166 of 1996 on the file of the Additional Sub Judge, Alappuzha. Decree executed in the above suit is one passed in a suit for money by sale of the mortgage property and the 1st respondent is the decree holder. In execution of the decree, the mortgage property was brought to sale after due proclamation and publication and in auction, it was knocked down for a sum of Rs.1 lakh by the additional 4th respondent/auction purchaser. At that stage, the judgment debtor has filed the above writ petition before this Court impeaching the sale as vitiated by fraud, material irregularity and noncompliance of the mandatory provisions in conducting the sale. 2. Notice given, the 1st respondent and additional WPC.15941/09 2 4th respondent have entered appearance. The 2nd and 3rd respondents are co-judgment debtors. I heard the counsel on both sides. After hearing the counsel on both sides at length, having regard to the facts and circumstances presented, it was felt that chances of settlement between the parties have to be examined to advance the ends of justice. The petitioner/judgment debtor was prepared to remit the entire outstanding debt due under the decree with the charges, commission and expenses etc. as incurred by the auction purchaser for setting aside the sale. The 1st respondent/decree holder, it is submitted, is interested only in realising the decree debt due to the bank. Pursuant to the suggestions made by the court, the parties have agreed upon for discharging the decree debt. The judgment debtor has paid Rs.25,000/- directly to the bank and also deposited Rs.1,15,000/- before the execution court. Amount due to the bank from such sum towards the decree, after some concessions have been extended to the judgment debtor in view of the settlement entered into, it is submitted, is only Rs.1 lakh. The balance Rs.15,000/- is treated as the sum due WPC.15941/09 3 to the auction purchaser for the expenses incurred by him in connection with the sale, deposit of the sale price etc. and the reduction of his money of Rs.1 lakh, the sale price for the last so many months in court deposit. The sale price of Rs.1 lakh deposited by the auction purchaser and also Rs.15,000/- out of Rs.1,15,000/- deposited by the petitioner/judgment debtor shall be released to the 4th respondent/auction purchaser. The rest of the sum covered by the deposit of the petitioner, that is, Rs.1 lakh shall be released by the execution court to the 1st respondent/decree holder bank. In view of the settlement amount as indicated above, the sale and all further proceedings thereof passed by the court shall stand set aside. The court below shall record satisfaction of the decree and close the proceedings. With the above observations, the writ petition is closed. S.S.SATHEESACHANDRAN JUDGE prp