IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 WP(C).No. 17044 of 2009(O) -------------------------- AGAINST THE ORDER IN EP.426/2007 IN OS.316/2004 of PRINCIPAL SUB COURT,ERNAKULAM .................... PETITIONER(S): --------------- MATHEW KURIAN, SON OF P.JACOB KURIAN, AGED 33, RESIDING AT III/702 A, EDAPPALLY, NORTH COCHIN-24. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): --------------- THE SOUTH INDIAN BANK LTD., BRANCH AT KALAMASSERY, REPRESENTED BY ITS CHIEF MANAGER. ADV. SRI.K.K.JOHN, S.C. FOR RESPONDENT THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.17044/09 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE DECREE IN O.S.NO.316/04. EXT.P2: COPY OF THE EXECUTION PETITION, E.P.NO.426/2007 PENDING BEFORE THE PRINCIPAL SUBORDINATE JUDGES COURT, ERNAKULAM. EXT.P3: COPY OF THE OBJECTION FILED BY THE PETITIONER AGAINST E.P.NO.426/07. EXT.P4: COPY OF THE PETITION FILED FOR ACCEPTING EXT.P3. EXT.P5: COPY OF THE ORDER DATED 8.6.2009 ISSUING WARRANT OF ARREST AGAINST THE PETITIONER, WHICH IS TAKEN DOWN FROM THE A DIARY. /TRUE COPY/ P.A. TO JUDGE S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.17044 OF 2009 () ----------------------------------- Dated this the 18th day of December, 2009 J U D G M E N T No representation for the petitioner. Respondent present. Report received from the court below that a sum of Rs.50,000/- alone has been deposited by the petitioner and orders issued for further deposit have not been complied with. Representation made as to compliance of further deposit is found to be incorrect. Writ petition is accordingly dismissed. S.S.SATHEESACHANDRAN JUDGE prp