Canara Bank vs Muhammad Najeeb
2022 Latest Caselaw 11945 Ker

OP(C) NO. 1550 OF 2020              1



                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE C.S.DIAS
 WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA, 1944
                         OP(C) NO. 1550 OF 2020
           OS 88/2009 OF ADDITIONAL SUB COURT,ATTINGAL
PETITIONER/S:

          CANARA BANK
          ATTINGAL BRANCH, REPRESENTED BY ITS BRANCH MANAGER.
          BY ADV R.S.KALKURA


RESPONDENT/S:

    1     MUHAMMAD NAJEEB
          AGED 54 YEARS
          S/O. MUHAMMED SALI, CITY WALK FOOT WEARS, NEAR INDIAN
          OVERSEAS BANK, ATTINGAL - 695101.
    2     SASIDHARAN
          AGED 66 YEARS
          S/O. KUNJAN PILLAI, LEKSHMI BHAVAN, AVANAVANCHERY,
          ATTINGAL - 691501.
          BY ADV SRI.M.DINESH


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21.12.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 1550 OF 2020          2




                         JUDGMENT

The original petition is filed challenging Ext.P4 order

dated 31.01.2020 in E.P.No.5/2015 in O.S.No.88/2009 of

the Court of the Subordinate Judge, Attingal. As per

Ext.P4 order, the court below had directed the 1 st

respondent to appear before the court below and face an

enquiry under Order XXI Rule 40 of the Code of Civil

Procedure. However, the court below declined to issue a

warrant of arrest against the 2 nd respondent. It is

aggrieved by the refusal of the court below to issue

warrant against the 2nd respondent that this original

petition is filed.

2. Pursuant to the order dated 14.12.2022 passed

by this Court, the learned Subordinate Judge has informed

this Court that E.P.No.5/2015 was dismissed on 27.9.2022.

In the light of the dismissal of the execution petition, I

hold that Ext.P4 order has become redundant and the

original petition has become infructuous.

In the result, the original petition is dismissed as

infructuous.

Sd/-

C.S.DIAS, JUDGE okb/21.12.22 //True copy// P.S. to Judge