IN THE HIGH COURT OF KERALA AT ERNAKULAM
FAO.No. 280 of 2010()
1. N.D.HAMILTON S/O.NELSON,PROPRIETOR,
... Petitioner
2. SMT.LEVIS,W/O.D.NELSON,RESIDING DO.
Vs
1. THE CATHOLIC SYRIAN BANK LTD,
... Respondent
For Petitioner :SRI.CIBI THOMAS
For Respondent :SRI.C.A.JOY
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
The Hon'ble MR. Justice P.BHAVADASAN
Dated :26/10/2010
O R D E R
THOTTATHIL B.RADHAKRISHNAN &
P. BHAVADASAN, JJ.
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F.A.O.No.280 OF 2010
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Dated this the 26th day of October, 2010
JUDGMENT
Thottathil B.Radhakrishnan, J.
Read the order dated 16.9.2010. Following that, the
judgment debtors have provided with Fixed Receipt of Rs.8 lakhs
in their name. In terms of what has been recorded in the order
dated 16.9.2010, all that is required is that the amounts due to
the decree holder to settle the transaction is released and the
property re-conveyed. To enable the aforesaid, we order the
FAO as follows:
(i)The appellants will encash the aforesaid FD of Rs.8 lakhs and
pay it to the decree holder bank directly within three weeks
from now.
FAO.280/10
2
(ii)On receipt of such amount, the decree holder bank will re-
convey the property obtained by it under sale, to the judgment
debtors at their expenses.
(iii)The bank will be eligible to obtain refund of the amount
deposited by it before the court below as excess purchase
amount. Such amount will be released to the bank by the
court below on satisfaction of conditions (i) and (ii) above.
The appeal is ordered accordingly.
Sd/-
THOTTATHIL B.RADHAKRISHNAN,
Judge.
Sd/-
P.BHAVADASAN,
Judge.
kkb.28/10.