Jacob, S/O.Varghese vs Federal Bank Ltd
2023 Latest Caselaw 6286 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MR.JUSTICE ANIL K.NARENDRAN

                                     &

               THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

        MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945

                          F.A.O.NO.347 OF 2013

    AGAINST THE ORDER DATED 07.01.2011 IN E.A.NO.1605 OF 2009 IN

E.P.NO.125 OF 2006 IN O.S.NO.66 OF 2005 ON THE FILE OF THE PRINCIPAL

                        SUB COURT, IRINJALAKKUDA

APPELLANT:

             JACOB, S/O.VARGHESE, AGED 45 YEARS,
             MECHERY HOUSE, MELOOR VILLAGE, MUKUNDAPURAM TALUK.

             BY ADVS.
             SRI.C.A.CHACKO
             SMT.C.M.CHARISMA
             SMT.MEGHA K.XAVIER



RESPONDENTS:

    1        FEDERAL BANK LTD.,
             CHALAKKUDY BRANCH, REPRESENTED BY ITS MANAGER,
             CHALAKKUDY, THRISSUR DISTRICT-680307.

    2        AVARACHAN,
             S/O.VARGHESE, MECHERY HOUSE, MELOOR VILLAGE,
             MUKUNDAPURAM TALUK-673306.

    3        PAUL,
             S/O.VARGHESE, MECHERY HOUSE, MELOOR VILLAGE,
             MUKUNDAPURAM TALUK-673306.

    4        VARGHESE,
             S/O.VARGHESE, MECHERY HOUSE, MELOOR VILLAGE,
             MUKUNDAPURAM TALUK-673306.

             BY ADVS.
             JAYAPRADEEP
             MOHAN JACOB GEORGE

      THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON
12.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                     2

F.A.O.No.347 of 2013



                                JUDGMENT

Anil K. Narendran, J.

The appellant, who is the 3rd defendant in O.S.No.66 of

2005 filed E.A.No.1605 of 2009 in E.P.No.125 of 2006 on the

file of the Principal Sub Court, Irinjalakkuda, an application

under Order XXI Rule 90 of the Code of Civil Procedure, 1908,

to set aside the sale conducted on 12.10.2009. That application

ended in dismissal by the order dated 07.01.2011, which is

under challenge in this appeal filed invoking the provisions

under Order XLIII Rule 1(j) of the Code of Civil Procedure, 1908.

2. This appeal is one filed along with C.M. Application

No.990 of 2013 for condonation of delay of 872 days, which

was condoned by the order dated 29.01.2014. In I.A.No.1804

of 2013, this Court granted an interim stay of all further

proceedings in E.P.No.125 of 2006 in O.S.No.66 of 2005, which

was extended for a period of one month by the order dated

28.02.2014. Thereafter, the said order was never extended.

3. Today, when this matter is taken up for

consideration, the learned counsel for the appellant would

submit that the appellant does not want to prosecute this

appeal further.

F.A.O.No.347 of 2013

Based on the aforesaid submission made by the learned

counsel for the appellant, this appeal is dismissed.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE

MIN