IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 WP(C).No. 26635 of 2009(Y) ---------------------------------------- CRMP.3115/2009 of C.J.M.PATHANAMTHITTA .................... PETITIONER(S): ------------------------ ANNAMMA VARGHESE, W/O.VARGHESE PHILIP, AGED 47 YEARS, VEMBALIL HOUSE, ATHIKKAYAM P.O., NARANAMOOZHY, RANNY, PATHANAMTHITTA. BY ADVS. SRI.BECHU KURIAN THOMAS SRI.PAUL JACOB (P) SRI.ROSHEN.D.ALEXANDER SMT.INDU SUSAN JACOB SMT.NISHA JOHN SRI.ENOCH DAVID SIMON JOEL RESPONDENT(S): --------------------------- 1. FEDERAL BANK LTD., HAVING ITS REGISTERED OFFICE AT ALUVA AND BRANCH AT PAZHAVANGADI, RANNY. 2. AUTHORIZED OFFICER (DEPUTY GENERAL MANAGER), FEDERAL BANK LTD., REGIONAL OFFICE, P.B.NO.80, COLLEGE ROAD, PATHANAMTHITTA-689 645. 3. THOMAS P.MATHEW, S/O.P.V.MATHEW, AGED 34 YEARS, PANAMTHOTTATHIL HOUSE, ATHIKKAYAM P.O., NARANAMOOZHY, RANNY, PATHANAMTHITTA. R1 & R2 BY ADV. SRI.GEORGE VARGHESE (MANACHIRACKEL) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.26635/2009 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE NOTICE DATED 22/10/2008 P2 COPY OF THE NOTICE DATED 23/01/2009 ISSUED UNDER SECTION 13(2) OF THE SARFAESI ACT. P3 COPY OF THE REPLY DATED 11/03/2009 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT. P4 COPY OF THE 2ND RESPONDENT'S REPLY DATED 16/03/2009. P5 COPY OF THE APPLICATION FILED BY THE 2ND RESPONDENT BEFORE THE CHIEF JUDICIAL MAGISTRATE'S COURT, PATHANAMTHITTA. P6 COPY OF THE ORDER DATED 31/08/2009 IN CRL.M.P.NO.3115/09 ON THE FILES OF THE CHIEF JUDICIAL MAGISTRATE'S COURT, PATHANAMTHITTA. P7 COPY OF THE ENCUMBRANCE CERTIFICATE DATED 05/11/08. P8 COPY OF THE SALE DEED 1760/07 DATED 22/12/2007. RESPONDENT'S EXHIBITS: R2(A) COPY OF THE LETTER OF PETITIONER DATED 23/3/2009 GIVEN TO RESPONDENT. /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No. 26635 OF 2009 ---------------------------------------------- Dated this the 11th day of July, 2011 JUDGMENT After arguing for some time, the learned counsel for the petitioner seeks permission to withdraw this writ petition without prejudice to the right of the petitioner to file an appeal before the Debt Recovery Tribunal as provided under the Statute. Permission is granted and the writ petition is dismissed as withdrawn with the above liberty. S. SIRI JAGAN, JUDGE acd