IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 FAO.No. 226 of 2011 ----------------------------- EA.1748/2009 in EP 292/2006 in OS.341/2002 of II ADDL.SUB COURT,THRISSUR .................... APPELLANT (S):/PETITIONER; -------------------------------------------- U.M.SURESH, S/O. UNNIKOCHAN VEETTIL MADHAVAN, KUNDALIYOOR DESOM, ENGANDIYOOR VILLAGE, CHAVAKKAD TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) SMT.PREETHY KARUNAKARAN SRI.K.RAVI (PARIYARATH) RESPONDENT(S): RESPONDENT: ---------------------------------------------- CATHOLIC SYRIAN BANK, ENGANDIYOOR BRANCH, THRISSUR-680 001. THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 19/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------- F.A.O.No.226 of 2011 ----------------------------------------- Dated, this the 19th day of August, 2011 J U D G M E N T K.M.Joseph, J. Appellant challenges the order passed in E.A.1748/2009 in E.P.292/2006 in OS.341/2002 on the file of the II Additional Sub Court, Thrissur. Appellant is the petitioner in the application filed under Order 21 Rule 90 of Code of Civil Procedure. The said application has been dismissed as being without merits. 2. Today, when the matter came up, the learned counsel for the appellant submits that appellant is prepared to pay off the amount. He seeks time to pay off the amount. Learned counsel for the respondent Bank, on instructions, submits that the respondent Bank has no objection in the Court granting time till 15.10.2011. He also prays that some amount may be deposited immediately. 3. After having heard the learned counsel for the parties, we feel that time can be granted till 31.10.2011 for clearing off the entire amount. Accordingly, we dispose of the FAO 226/2011 -2- appeal as follows: The appellant is given time till 31.10.2011 to clear off the entire debt including any expenses incurred by the Bank. If the appellant does not clear off the amount as aforesaid, the impugned order will stand and the appeal will stand dismissed. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS