IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 OP(C).No. 2512 of 2011(O) --------------------------------- EP 51/2010 IN OS.135/2009 of SUB COURT, PALA ................... PETITIONERS: ----------------------- 1. MR.SIDHAYAGA PRASADIN PRABHAMANI, W/O.E.P. GOPINATHAN, ELAVUNKAL HOUSE, MUKUTTUTHARA P.O., ERUMELIKARA, ERUMELI SOUTH VILLAGE, KOTTAYAM DISTRICT. 2. SHRI.E.P.GOPINATHAN, S/O. PAPPAN, ELAVUNKAL HOUSE, MUKUTTUTHARA P.O., ERUMELIKARA, ERUMELI SOUTH VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.. JOSHI N.THOMAS RESPONDENTS: ---------------------- FEDERAL BANK LTD., ERUMELI BRANCH REPRESENTED BY ITS MANAGER. PIN - 686 501. ADVS. SRI. MOHAN JACOB GEORGE SMT. P.V. PARVATHI SMT. REENA THOMAS SRI. RAM MOHAN L. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SCL. OP(C).No. 2512 of 2011(O) APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF BANK PASS BOOK LOAN ACCOUNT NO.103 ISSUED BY THE 1ST RESPONDENT. P2: TRUE COPY OF THE NOTICE DATED 10.7.2009 ISSUED BY ADVOCATE ANAND JOSE PRAKASH, ADVOCATE COMMISSIONER. P3: TRUE COPY OF JUDGMENT DATED 20.8.2009 IN W.P.(C) NO. 20370/2009(M) OF THIS HON'BLE COURT. P4: TRUE COPY OF BANK DETAILS OF PAYMENT OF EMI'S IN A/C NO.103 OF 1ST PETITIONER WITH RESPONDENT BANK. P5: TRUE COPY OF EXECUTION PETITION NO.51/2010 DATED 26.6.2010 ON THE FILE OF SUB COURT, PALA. P6: TRUE COPY OF DECREE DATED 23.1.2010 IN O.S.NO. 135 OF 2009 ON THE FILE OF SUB COURT, PALA. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ PA TO JUDGE SCL THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.2512 of 2011 -------------------------------------- Dated this the 29th day of September, 2011. JUDGMENT Learned counsel for respondent submits that the exparte decree in O.S.No.135 of 2009 of the court learned Sub Judge, Pala was set aside on the application of petitioners and the case is now sent to the Adalath for consideration. It is also submitted that E.P.No.51 of 2010 in respect of which relief is claimed in this proceeding is not pending. 2. In the light of the above submission it is not necessary to retain this Original Petition. Resultantly without prejudice to the right of petitioners to raise other contentions if any in respect of O.S.No.135 of 2009 this Original Petition is closed. THOMAS P.JOSEPH, Judge. cks