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.
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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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