IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 FAO.No. 16 of 2007() -------------------- AGAINST THE ORDER IN EA.17/2006 IN EP.5/2002 of SUB COURT, HOSDRUG .................... APPELLANT/PETITIONER/JUDGMENT DEBTOR ------------------------------------------------------------------- K. KRISHNAN, S/O.KUNHIRAMAN, AGED 51 YEARS, RESIDING AT KOLAVAYAL, AJANUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.T.K.VIPINDAS RESPONDENT/RESPONDENT/DECREE HOLDER: -------------------------------------------------------------------- THE SECRETARY, KATTACHERRY SERVICE CO-OPERATIVE BANK LTD., KOTTACHERRY. BY ADV. SRI.P.K.VIJAYAMOHANAN SMT.RESMI G. NAIR THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 10/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - F.A.O.No. 16 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of September, 2009 JUDGMENT Joseph, J. Heard the learned counsel for the appellant and the learned counsel for the respondent. 2. We notice that already this court has ordered that it will be open to the respondent to apply to the court below to withdraw the amount in deposit, whereupon the court will release the amount to the respondent bank. The learned counsel for the respondent raised an apprehension that an amount of Rs.2,30,380/- is lying in the suspension account of the respondent bank and the appellant is raising an objection to the releasing of the amount. 3. The learned counsel for he appellant submitted that the appellant has no objection in the bank appropriating F.A.O.No. 16 of 2007 2 Rs.2,30,380/- lying in the suspension account in the name of the appellant with the respondent bank. We record this submission. The re-conveyance ordered by this court by order dt. 25.8.2009 will be done within a period of one month from today. This appeal is disposed of as above. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm