IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 WP(C).No. 26163 of 2008(M) ---------------------------------------- E.A. NO.945/06 IN EP. 24/04 IN OS.3440/1999 of PRL.MUNSIFF COURT,THRISSUR .................... PETITIONER: ------------------ INDIAN BANK, M.O.ROAD BRANCH, THRISSUR, REPRESENTED BY ITS BRANCH MANAGER, REVATHY VENKITARAMAN. BY ADV. SRI.C.HARIKUMAR SRI.ARAVINDA KUMAR BABU T.K. RESPONDENTS: ----------------------- 1. VISRUTHA KURIES AND LOANS (PVT)LTD, THRISSUR. 2. GOPINATHAN EACHARATH, PEON, INDIAN BANK, M.O.ROAD, THRISSUR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------------ W.P.(C) NO. 26163 OF 2008 ------------------------------------------ Dated this the 29th day of August, 2008 JUDGMENT This petition is filed under Article 227 of Constitution of India seeking the following reliefs:- “i) issue an order directing principal Munsiff Court, Thrissur to keep in abeyance the delivery relating to the schedule property in E.P.24/04 in O.S.3440/99 enabling the petitioner bank to prefer a suit as contemplated in order 21 Rule 58 Sub(5) as as to obtain necessary orders based on the bank’s claim of equitable mortgage. ii) issue such other reliefs that this Hon’ble Court may deem fit in the fact and circumstance of the case” Therefore , the only relief sought for is a direction to keep the order for delivery in abeyance so as to enable petitioner to file a suit. The order dismissing the claim petition was filed as WP(C)26163/08 2 early as 22.7.2008. Petitioner had more than sufficient time to file a suit. I do not find any reason to give a direction to keep the order in abeyance to enable petitioner to file a suit as petitioner could have filed the suit instead of this petition. In this petition no other question or right need be considered. Writ petition is disposed accordingly. M. SASIDHARAN NAMBIAR, JUDGE Okb/-