IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN & THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 4TH DAY OF FEBRUARY 2025 / 15TH MAGHA, 1946 RP NO. 1060 OF 2023 [JUDGMENT DATED 29.03.2021 IN FAO NO.112 OF 2020] PETITIONERS/REVIEW PETITIONERS/APPELLANTS/JUDGMENT DEBTORS/DEFENDANTS: 1 SULOCHANA BALAN AGED 79 YEARS W/O LATE KANAKKASERI BALAN, KAIPAMANGALAM VILLAGE & DESOM, KODUNGALLUR TALUK, PIN - 680681 2 MADHU.K.B AGED 55 YEARS S/O LATE KANAKKASERI BALAN, KAIPAMANGALAM VILLAGE & DESOM, KODUNGALLUR TALUK, PIN - 680681 3 SHAJI.K.B AGED 53 YEARS S/O LATE KANAKKASERI BALAN, KAIPAMANGALAM VILLAGE & DESOM, KODUNGALLUR TALUK, PIN - 680681 4 ROY.K.B AGED 50 YEARS S/O LATE KANAKKASERI BALAN, KAIPAMANGALAM VILLAGE & DESOM, KODUNGALLUR TALUK, PIN - 680681 5 REJANI RAJU AGED 52 YEARS W/O LATE KANAKKASERI RAJU, KAIPAMANGALAM VILLAGE & DESOM, KODUNGALLUR TALUK, PIN - 680681 6 SIDHARTH.K.R AGED 29 YEARS S/O LATE KANALKKASERI RAJU, KAIPAMANGALAM VILLAGE & DESOM, KODUNGALLUR TALUK, PIN - 680681 7 MEENAKSHY.K.R 2025:KER:9196 RP No. 1060/2023 in FAO No.112/2020 2 AGED 26 YEARS D/O LATE KANAKKASERI RAJU, KAIPAMANGALAM VILLAGE & DESOM, KODUNGALLUR TALUK, PIN - 680681 BY ADVS. K.S.RAJESH M.SHAJU PURUSHOTHAMAN RESPONDENT/RESPONDENTS/RESPONDENTS/DECREE HOLDER/PLAINTIFF: SHAILESH AGED 48 YEARS S/O PULIPARAMBIL HOUSIL DIVAKARAN, THALAIKKULAM VILLAGE & DESOM, CHAVAKKAD TALUK.THRISSUR DISTRICT, PIN - 680681 THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 04.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:9196 RP No. 1060/2023 in FAO No.112/2020 3 SATHISH NINAN & ZIYAD RAHMAN A.A., JJ. = = = = = = = = = = = = = = = = = = R.P. No.1060 of 2023 in F.A.O. No.112 of 2020 = = = = = = = = = = = = = = = = = = Dated this the 4th day of February, 2025 ORDER Ziyad Rahman A.A., J. This review petition is filed by the appellants in the FAO, seeking modification of the judgment dated 29.03.2021. The FAO was filed challenging the order passed by the execution court, the Additional Sub Court Irinjalkakuda, rejecting the application submitted by the petitioners/judgment debtors to set aside the sale conducted as part of the proceedings in E.P No.322/2010 in PLP No. 121/2009. The FAO was disposed of based on the settlement arrived at between the parties, thereby permitting the review petitioners to pay the amount as agreed between the parties as per the mediation agreement in instalments. In the said judgment passed 2025:KER:9196 RP No. 1060/2023 in FAO No.112/2020 4 in the FAO, the sale was ordered to be set aside, subject to the terms and conditions of the mediation agreement. However, even though a time schedule was fixed as per the terms of the settlement to make the payments, the review petitioners could not make the payments as per the said schedule. 2. In the review petition, it is averred that, now the entire amount has been paid to the respondent/decree holder and the said fact is acknowledged by the decree holder. Therefore, the review petitioners are seeking modification of the judgment passed by this Court to give effect to the settlement. 3. The learned counsel for the respondent/decree holder submits that the respondent received the entire amount as per the terms of the settlement, even though belatedly, and he has no objection in allowing the review petition. Therefore, taking note of the fact 2025:KER:9196 RP No. 1060/2023 in FAO No.112/2020 5 that both parties have arrived at a consensus in the matter of setting aside the sale, this review petition can be disposed, by enlarging the time fixed in the memorandum of settlement for making the payment. 4. In such circumstances, the time fixed as per the terms of the mediation agreement is enlarged, and compliance with the terms of the settlement is recorded. Accordingly, the sale conducted on 20.12.2018 in E.P.No.322 of 2010 in P.L.P. No 121/2009 on the files of the Additional Sub Court, Irinjalakuda is hereby set aside. The review petition is allowed as above. Sd/- SATHISH NINAN JUDGE Sd/- ZIYAD RAHMAN A.A. JUDGE yd/pkk