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2026 Supreme(Online)(Ker) 12073
IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R.RAVI, J
ALEXANDER M.J. – Appellant
Versus
KAPPUMTHALA SERVICE CO-OPERATIVE BANK LTD.NO.K142 – Respondent
OP(C) NO.3257 OF 2025 | OP(C) NO.3260 OF 2025
Advocates:
For the Appellants/Petitioners: SRI.T.R.HARIKUMAR, SRI.ARJUN RAGHAVAN
For the Respondents: SHRI.THOMAS ABRAHAM (NILACKAPPILLIL)
For the Appellants/Petitioners: SRI.T.R.HARIKUMAR, SRI.ARJUN RAGHAVAN
For the Respondents: SHRI.THOMAS ABRAHAM (NILACKAPPILLIL)
Non-compliance with a court's deposit order leads to dismissal of the petitions.
Headnote:Statute: The judgment involved considerations related to execution proceedings under the relevant civil laws. *Facts of the Case:* The petitions came up for consideration with a stay order regarding execution proceedings, contingent upon a deposit of Rs.5,00,000/- by the petitioners. *
Findings of Court:
* The court noted the failure to make the requisite deposit. *
Issues:* The main question framed was whether further orders could be granted given the absence of deposit. *
Ratio Decidendi:* The court reasoned that without compliance, the execution process could not be stayed, leading to the dismissal of the petitions. *
Result:* The Original Petitions fail and the same are dismissed.
JUDGMENT
When these Original Petitions came up for consideration on 15.12.2025, this Court granted an order of stay of all further proceedings in execution on condition that the petitioners deposit a sum of Rs.5,00,000/- each in both cases before the execution court within three weeks. When the cases are taken up today, it is submitted that the amount has not been deposited. No further orders can be granted in these Original Petitions.
The Original Petitions fail and the same are dismissed.
Sd/-
