IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 SA.No. 520 of 1995() -------------------- AS.93/1993 of DISTRICT COURT, KASARAGOD OS.118/1991 of SUB COURT, KASARAGOD .................... APPELLANT/APPELLANT/2ND DEFENDANT: ---------------------------------------------- S.N.AHAMAD, S/O.SHIEK YUSUF SAHED, RESIDING AT SHIEK MANZIL, PALLAM, PALLAM ROAD, KASARAGOD VILLAGE, P.O KASARAGOD. BY ADV. MR.K.G.GOURI SANKAR RAI RESPONDENTS/RESPONDENTS/PLAINTIFF & 1ST DEFENDANT: -------------------------------------------------------------------- 1. CANARA BANK, JALSOOR ROAD BRANCH OF KASARAGOD, REPRESENTED BY ITS BRANCH MANAGER, P.O. KASARAGOD. 2. SHEIK BAVAJAN, S/O.SHIEK YUSUF SAHEB, RESIDING AT PALLAM ROAD, KASARAGOD VILLAGE AND POST. ADV. MR.M.C.SEN, SENIOR ADVOCATE THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 16/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: HARUN-UL-RASHID, J. ------------------------ S.A.No.520 Of 1995 ---------------------- Dated this the 16th day of August, 2010. J U D G M E N T The second defendant in O.S.No.118 of 1991 on the file of the Sub Court, Kasaragod, is the appellant. The appeal is directed against the judgment and decree in A.S.No.93 of 1993 of the District Court, Kasaragode. Suit is for realisation of money filed by the Cananra Bank represented by the Branch Manager, Kasaragode Branch. The trial court decreed the suit against the defendants for Rs.17,735.12/- with interest thereon at the rate of 12% per annum from the date of suit till realisation and with costs. The decree and judgment was confirmed in A.S.No.93 of 1993. The parties hereinafter are referred to as the plaintiff and defendants as arrayed in the suit. 2. When the matter was taken up for final hearing, learned counsel for the bank submitted that the bank closed the account and therefore do not propose to realise the decree amount. In the light of the submission made above, there is no necessity for the appellant to prosecute the appeal. The appeal is disposed of as above. HARUN-UL-RASHID, Judge. bkn/-