2025:KER:27505 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.M.MANOJ TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 OP(C) NO. 1955 OF 2024 AGAINST THE ORDER/JUDGMENT DATED IN OS NO.15 OF 2010 OF ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL COURT, KASARAGOD PETITIONER: MOHAMMED HANEEF B.S AGED 56 YEARS S/O ESMAIL BAPPAITHOTTY SHEIKH, AMEER MANAZIL, MANALAPADY VILLAGE, UPPALA P.O, MANJESWARA TALUK, KASARAGODE DISTRICT,, PIN – 671 323 BY ADVS. DEEPAK RAJ GOUTHAMI RESPONDENTS: CANNARA BANK BANK ROAD BRANCH, REPRESENTED BY ITS BRANCH MANAGER, KASARAGODE PO, KASARAGODE DISTRICT,, PIN - 670121 SRI.M.GOPIKRISHNAN NAMBIAR THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C)No. 1955 of 2024 2025:KER:27505 2 J U D G M E N T (Dated this the 01st day of April, 2025) The original petition is preferred challenging Ext.P1 notice on the ground that, the decree was passed without ascertaining that the judgment debtor has sufficient means to meet the decretal amount. Apart from that, the petitioner failed to approach the Appellate forum due to lack of money and health against the judgment. After admitting the writ petition, there was a direction to pay Rs.1 lakh as a condition for granting stay. Thereafter, on multiple occasions, the petitioner came up before this Court and submitted that, he is not in a position to pay the amount. 2. Under such circumstances, by order dated 18.02.2025, the amount has been reduced to half. Even then, the petitioner is not able to pay the amount till this date. Under such circumstances, no relief sought in the original petition can be granted. Accordingly, the original petition is dismissed. Sd/- P.M MANOJ JUDGE AKH OP(C)No. 1955 of 2024 2025:KER:27505 3 APPENDIX OF OP(C) 1955/2024 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE PROCLAMATION OF SALE OF IMMOVABLE PROPERTY IN E.P NO: 53/2022 IN OS.NO:15/2010 OF SUB COURT, KASARAGODE