IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 1ST JULY 2009 / ~0TH ASHADHA 1931 FAO.No. 35 of 2007() -------------------- AGAINST THE ORDER DATED / / IN IA 3400/2004. IN OS.225/2004 of ADDL.SUB COURT,PARAVUR .................... (S): APPELLANTS/PETITIONERS/DEFENDANTS ----------------------------------------------------- 1. M.K.BABU, 39 YEARS, S/O.LATE SRI.M.E.K.UNNI, PERIYAR HOUSE, MUDICAL P.O., PERUMBAVOOR. 2. M/S.PERIYAR ALUMINIUM COMPANY, MUDICAL P.O., PERUMBAVOOR, REPRESENTED BY MANAGING PARTNER, SRI.T.K.FAJITHA. 3. T.K.FAJITHA, AGED 33 YEARS, W/O.M.K.KABEER, MUCHETH HOUSE, MEDICAL P.O., PERUMBAVOOR. 4. T.K.FARIDA, AGED 35 YEARS, W/O.M.K.BABU, MUCHATH HOUSE, MUDICAL P.O., PERUMBAVOOR. 5. K.A.PATHU, AGED 64 YEARS, S/O.LATE M.E.K.UNNI, MUCHETH HOUSE, MUDICAL P.O., PERUMBAVOOR. 6. M.K.KABEER, AGED 37 YEARS, S/O.LATE M.E.K.UNNI, PERIYAR HOUSE, MUDICAL P.O., PERUMBAVOOR. BY ADV. SRI.P.K.SAJEEV RESPONDENT(S): RESPONDENT/PLAINTIFF ----------------------------------- STATE BANK OF TRAVANCORE, VAZHAKULAM, MEDICAL BRANCH, MUDICAL, ERNAKULAM DISTRICT. ADV. SRI.SATHISH NINAN FOR R SRI.SANTHOSH MATHEW FOR R THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 01.07.2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING P.R.RAMAN & P.BHAVADASAN, JJ. -------------------------------------------------------- FAO 35 OF 2007 -------------------------------------------------------- Dated 1st July 009 Judgment RAMAN, J. This appeal is filed against an order, dismissing the application filed by the appellants/defendants to set aside the ex parte decree. After the suit was decreed ex parte, the present appeal was filed. But, when this appeal came up for consideration, the appellants were again absent. 2. The learned counsel appearing for the appellants sought for an adjournment, which was not granted. The plaintiff is a public sector bank. The learned counsel appearing for the Bank submitted that pursuant to the decree passed, the entire amount has been paid, though a written instruction to that effect is only awaited. Recording the submission of the learned counsel for the Bank, this appeal is dismissed as infructuous. However, if it is found that the amount has not been paid, it will be open to either of the parties to seek restoration of this appeal on filing a petition, however, within one week. P.R.RAMAN, JUDGE P.BHAVADASAN, JUDGE sta FAO 35/07 2 FAO 35/07 3