Gopalakrishnan A.N v. The Manager

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE B.KEMAL PASHA THURSDAY, THE 2ND DAY OF JULY 2015/11TH ASHADHA, 1937 OP(C).No.1565 of 2015 (O) ------------------------------------- E.A NO.106/2015 IN E.P NO.3/2013 IN O.S. NO.122/2011 OF THE SUB COURT, THIRUVALLA.

..

PETITIONER:

------------------- GOPALAKRISHNAN A.N,AGED 65 YEARS, S/O.LATE NARAYANAN,ASWATHY BHAVAN, MALLAPPALLY TALUK,PATHANAMTHITTA DISTRICT.

BY ADV.SRI.R.SANTHOSH BABU.

RESPONDENT'S:

------------------------- 1.

THE MANAGER,THE CATHOLIC SYRIAN BANK LTD., MALLAPPALLY BRANCH,MALLAPPALLY, PATHANAMTHITTA DISTRICT-689594.

2.

DHINU.G,S/O A.N.GOPALAKRISHNAN, ASWATHY BHAVAN,MALLAPPALLY NORTH, MALLAPPALLY TALUK,PATHANAMTHITTA DISTRICT-689594. 3.

P.SARASWATHY,W/O A.N.GOPALAKRISHNAN, ASWATHY BHAVAN,MALLAPPALLY NORTH, MALLAPPALLY TALUK,PATHANAMTHITTA DISTRICT-689594. BY SRI.R.S.KALKURA THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 02-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: pk

OP(C).No.1565 of 2015 (O) ------------------------------------- APPENDIX PETITIONER'S EXHIBITS:

------------------------------------ EXHIBIT P1:TRUE COPY OF COMMUNICATION DATED 29.7.2004 ISSUED BY IST RESPONDENT.

EXHIBIT P2:TRUE COPY OF LOAN ACCOUNT PASS BOOK ISSUED TO THE 2ND RESPONDENT ISSUED BY THE IST RESPONDENT BANK. EXHIBIT P3:TRUE COPY OF PLAINT IN OS NO.122/2011 ON THE FILE OF THE SUB COURT, THIRUVALLA DATED 2.08.2011.

EXHIBIT P4:TRUE COPY OF PETITION IN E.P.NO.3/2013 IN OS NO.122/2011 PENDING BEFORE THE SUB COURT, THIRUVALLA, DATED NIL. EXHIBIT P5:TRUE COPY OF PETITION IN E.A.NO.106/2015 IN E.P.NO.3/2013 IN OS NO.122/2011 ON THE FILE OF THE SUB COURT, THIRUVALLA DATED 23.6.2015.

RESPONDENT'S EXHIBITS:

NIL --------------------------------------- //TRUE COPY// P.S. TO JUDGE pk

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` O.P.(C) No.1565 of 2015 ````````````````````````````````````````````````````````````` Dated this the 2nd day of July, 2015

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner shall pay an amount of ₹25,000/- out of the EP amount on or before 16.07.2015. The petitioner shall pay the balance amount in eight equal monthly instalments, commencing from 17.08.2015. In case of default of any of the instalments, the execution proceedings shall continue. The decree holder shall file a statement of accounts before the court below with copy to the judgment debtor for calculating the instalments to be paid, within a period of two weeks from today.

O.P.(Civil) is disposed of accordingly.

Sd/- (B.KEMAL PASHA, JUDGE) aks/02/07 // True Copy // PA to Judge