IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932 OP(C).No. 76 of 2011(O) ----------------------- AGAINST THE ORDER IN EP.322/2009 IN OS.304/2008 OF PRINCIPAL SUB COURT, ALAPPUZHA .................... PETITIONER/IST JUDGEMENT DEBTOR/IST DEFENDANT ----------------------------------------------------------------- G.GOPAKUMAR, AGED 45 YEARS, S/O.LATE GOPALAKRISHNAN NAIR, MEMANAD HOUSE, SREEKAILAS NAGAR, KALARCODE, ALAPPUZHA - 7. BY ADV. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN RESPONDENT(S): DECREE HOLDER/PLAINTIFF -------------------------------------- STATE BANK OF INDIA, REPRESENTED BY ITS MANAGER, MULLAKKAL BRANCH, ALAPPUZHA - 688 011. ADV. SRI.K.K.CHANDRAN PILLAI, SENIOR ADVOCATE FOR R SRI.A.S.SAJUSH PAUL FOR R THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------- O.P.(C).No.76 of 2011 -------------------------------------- Dated this the 11th day of March, 2011 JUDGMENT When the Original Petition came up for admission on 20.1.2011, the following order was passed : "Advocate Sri.Chandran Pillai appears for the respondent. 2. The learned counsel for the petitioner submitted that the petitioner is prepared to pay Rs.2 lakhs within a period of one month and for the balance amount, instalment facility may be granted. 3. The learned senior counsel appearing for the Bank submitted that if the petitioner pays a sum of Rs.2 lakhs within one month, the Bank is not against granting a reasonable instalment facility. Accordingly, there will be an interim order directing the petitioner to pay to the O.P.(C) No.76 of 2011 2 decree holder or deposit for the payment for decree holder, a sum of Rs.2 lakhs within one month from today. If the petitioner fails to pay a sum of Rs.2 lakhs, the Original Petition itself will stand dismissed." 2. It was submitted by the learned counsel appearing for the respondent that the interim order was not complied with by the petitioner. The learned counsel for the petitioner sought time to get instructions. Time was granted. Today, the learned counsel for the petitioner submitted that no instructions have been furnished by the petitioner. Since the interim order dated 20.1.2011 was not complied with by the petitioner, this Original Petition is dismissed. K.T.SANKARAN JUDGE csl