High Court Kerala High Court

P. Manoharan vs The Catholic Syrian Bank Ltd on 27 November, 2008

Kerala High Court
P. Manoharan vs The Catholic Syrian Bank Ltd on 27 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

FAO.No. 218 of 2005()


1. P. MANOHARAN, PUTHENVILA VEEDU,
                      ...  Petitioner

                        Vs



1. THE CATHOLIC SYRIAN BANK LTD.,
                       ...       Respondent

                For Petitioner  :SRI.S.SREEKUMAR

                For Respondent  :SRI.PETER THARAKAN

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice K.T.SANKARAN

 Dated :27/11/2008

 O R D E R
            KURIAN JOSEPH & K.T. SANKARAN, JJ.
                   ..............................................
                      F.A.O. No. 218 OF 2005
                   ...............................................
                  Dated this the 27th November, 2008


                            J U D G M E N T

K.T. Sankaran, J:

The appellant and other judgment debtors filed E.A.No. 78 of

2004 in E.P.No. 25 of 1989 in O.S.No. 67 of 1987 on the file of the

court of the Subordinate Judge, Kottarakkara under Order XXI Rule

90 of the Code of Civil Procedure to set aside the court auction sale.

The court below by the order impugned dismissed the application.

However, it was made clear that if the entire decree debt is paid by

the judgment debtors before 1st July, 2005, the application would

stand allowed. The judgment debtors did not pay the amount as

directed.

2. On 17.11.2008, an interim order was passed by this Court

directing the appellant to deposit a sum of Rs. 12 lakhs. As per the

statement furnished by the bank, the total liability including accrued

interest and costs is only about Rs. 12 lakhs. It is submitted that

the appellant has deposited Rs.12 lakhs before the bank . Since the

decree holder bank is the auction purchaser and it is interested in

realising the decree debt and also in view of the order passed by the

court below granting liberty to pay the decree debt even after

dismissing the application filed under Order XXI Rule 90 of the Code of

F.A.O. No. 218 OF 2005
2

Civil Procedure, we are of the view that the order impugned can be set

aside.

E.A. 78 of 2004 in E.P. 25 of 1989 in O.S.No. 67 of 1987 is

allowed since the bank has realised the entire decree debt including

costs. Accordingly, the Appeal is allowed, setting aside the order in

E.A.No. 78 of 2004. The court auction sale is set aside. Since the sale

was confirmed and sale certificate was issued to the bank, the bank

shall re-convey the property to the appellant at the expense of the

appellant. The bank shall return all the title deeds in respect of the

property to the appellant. The appellant may move for return of title

deeds produced by the bank before the trial court in respect of the

property and in such an event, the trial court shall dispose of the

application expeditiously.

KURIAN JOSEPH,
JUDGE.

K.T. SANKARAN,
JUDGE.

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