IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 FAO.No. 187 of 2007() --------------------- AGAINST THE ORDER IN EP 12/03,EA 185/06 IN OP.592/2001 of FAMILY COURT,THRISSUR .................... : APPELLANT/PETITIONER: -------------------------------------- ABDUL NAZAR, KODAKKADAN VEETTIL, PUTHUSSERY DESOM, CHERUTHURUTHY VILLAGE, THALAPPILLY TALUK. BY ADV. SRI.T.M.CHANDRAN RESPONDENTS: RESPONDENTS: ------------------------- 1. JAMEELA, D/O. KAYATTINGAL MANU, PANJAL DESOM, THALAPPILLY TALUK. 2. UNNILKUTTY,AGED 65 YEARS, S/O. KODAKKADAN VEETTIL ALIKKUTTY,KAKKOOTH AMSOM, DESOM, PERINTHALMANNA TALUK. (DELETED) THE NAME OF THE SECOND RESPONDENT IS DELETED FROM THE PARTY ARRAY AS PER ORDER DT. 13.7.2007 IN I.A.NO.2505/07). THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 26/06/2008, ALONG WITH WPC NO. 21902 OF 2007 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- F.A.O. No.187/07 & W.P.(C)21902/07 ---------------------------------------------- Dated 26th June, 2008. J U D G M E N T Kurian Joseph, J. The appeal and the writ petition are directed against the order in E.A.185/06 in E.P.12/03 in O.P.592/01 on the file of the Family Court, Thrissur. By the impugned order, the application was rejected on the ground that there existed no grounds to interfere with the sale already conducted. The property was bid by the father of the judgment debtor himself. Be that as it may, during the pendency of the appeal and the writ petition, we directed the parties to appear before us, in order to thrash out the possibility of settlement. 2. Thanks to the efforts taken by this court, thanks to the cooperation extended by the counsel on both sides and thanks to the efforts taken by Adv.Sri.Krishnaraj as conciliator, the parties have settled the disputes in the following manner : An amount of Rs.69,100/- is now pending before the FAO NO.187 & WPC 21902/07 2 Family Court, after satisfying the decree amount. There will be a direction to the Family Court, Thrissur to refund the said amount of Rs.69,100/- to the auction purchaser, viz., Sri.Unnikutty, the second respondent in the writ petition. The Family Court will see that the said amount is refunded to Sri.Unnikutty within one month from today. The appellant/petitioner will pay a further amount of Rs.1,90,900/- to the said Unnikutty through the counsel within one month from today. On payment of the amount as above, the sale in E.P.12/03 will stand set aside. It is submitted that Sri.Unnikutty has deposited some amounts for the purpose of purchasing of stamp paper for executing the sale deed. There will be a direction to the Family Court to refund the said amount also to Sri.Unnikutty. It is made clear that the appellant/petitioner need pay only that amount which is required to make up Rs.2,60,000/- after deducting the amount of Rs.69,100/- and also the value of the stamp paper. In case the appellant/petitioner does not pay the balance amount as above, this judgment will stand recalled and the sale will stand confirmed. FAO NO.187 & WPC 21902/07 3 The appeal and the writ petition are disposed of as above. I.A.2460/07 in FAO 187/07 : Dismissed. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs KURIAN JOSEPH & HARUN-UL-RASHID, JJ ---------------------------------------------- F.A.O. No.187/07 & W.P.(C)21902/07 ---------------------------------------------- J U D G M E N T Dated 26th June, 2008.