IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 3RD FEBRUARY 2011 / 14TH MAGHA 1932 OP(C).No. 487 of 2011(O) ------------------------ OS.7/2006 of SUB COURT, OTTAPPALAM .................... PETITIONER : ------------------- K.V.HAMSAKUTTY, S/O. VALUTTY ALIAS KHADER, KUMBALAPANTHALIL HOUSE, KARIMBA P.O., MANNARKKAD TALUK, PALAKKAD DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): --------------- M/S.FEDERAL BANK LTD., KALLADIKKODE BRANCH, KALLADIKKODE P.O., PALAKKAD DISTRICT PIN - 678596. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------- O.P.(C).No.487 of 2011 ------------------------------- Dated this the 3rd day of February, 2011 JUDGMENT The petitioner is the first defendant in the suit in O.S.No.7 of 2006 on the file of the court of the Subordinate Judge of Ottappalam, filed by the respondent. The suit is for realisation of money. The defendant had availed loan from the plaintiff Bank. The petitioner filed I.A.No.3115 of 2009 praying for a direction to the plaintiff Bank to apply the provisions of the Agricultural Debt Waiver and Debt Relief Scheme, 2008 in respect of the loans mentioned in the application. The court below dismissed the application by the order dated 8.1.2010, which is under challenge in this Original Petition. 2. It is submitted that the suit was decreed ex-parte on 8.1.2010 and later the ex-parte decree was set aside. The suit is posted for trial on 4.2.2011. O.P.(C) No.487/2011 2 3. The court below was right in holding that no direction as prayed for could be granted to the plaintiff. There is no jurisdictional error or error of law warranting interference with the order passed by the court below. For the aforesaid reasons, the Original Petition is dismissed. K.T.SANKARAN JUDGE csl