Rani.K.B vs The Federal Bank Ltd Mararikulam … on 22 December, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

FAO.No. 38 of 2009()


1. RANI.K.B,W/O BENNY, PALLIPARAMBIL HOUSE,
                      ...  Petitioner

                        Vs



1. THE FEDERAL BANK LTD MARARIKULAM BRANCH,
                       ...       Respondent

2. ABHILASH SHERLY S/O.LATE P.S.SHERLY,

3. PEARLY SHERLY, W/O.P.S.SHERLY,

                For Petitioner  :SRI.VISHNU.R

                For Respondent  :SRI.MOHAN JACOB GEORGE

The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS

 Dated :22/12/2009

 O R D E R
                           K. M. JOSEPH &
                  M.L. JOSEPH FRANCIS, JJ.
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                       F.A.O. No. 38 of 2009
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            Dated this the 22nd day of December, 2009

                              JUDGMENT

Joseph, J.

This appeal is filed against the order in E.A.No. 253

of 2007 in E.P.182 of 2005 in O.S.No. 131 of 2000 on the

file of the Sub Court, Alappuzha.

2. We heard the learned counsel for the appellant and

the learned counsel for the respondents.

3. The learned counsel for the appellant submits that

if some time is given, the appellant will pay off the entire

amount. The learned counsel for the Bank would submit

that if the appellant approaches the bank within two weeks

from today, the bank is also prepared to give some

concession.

4. Accordingly this appeal is disposed of as follows.

The appellant is given time till 30.6.2010 to pay off the

F.A.O. No. 38 of 2009

2

amount as hereinafter stated. If the amount is paid off by

30.6.2010, the impugned order and the sale will stand set aside.

We also record the submission of the learned counsel for the

Bank that if the appellant approaches the bank and applies for

concession within a period of two weeks from today, the bank

will consider and intimate to her the amount to be paid by her,

within a period of 30 days from the date of receipt of the

application. Needless to say, if the entire decree amount or the

amount as reduced by bank is not paid off, the appeal will stand

dismissed. If the appellant pays off the decree amount or the

amount as reduced, the impugned order and the sale shall stand

set aside.

                                        (K. M. JOSEPH)
                                              Judge



                                    (M.L. JOSEPH FRANCIS)
tm                                             Judge