IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 RP.No. 1211 of 2009 -------------------------------- AGAINST THE JUDGEMENT/ORDER IN WA.2780/2009 Dated 08/12/2009 .................... REVIEW PETITIONER(S): APPELLANTS: -------------------------------------------------------------- 1. V.GOVINDAN NAIR, VAYALERI HOUSE, ULLIYERI P.O., KOZHIKODE DISTRICT. 2. PUTHUKKUDI SHEELA, PALLIYIL HOUSE, ORAVIL P.O., NADUVANNUR, KOZHIKODE DISTRICT. BY ADV. SRI.P.K.SURESH KUMAR SMT.P.JAYALAKSHMI RESPONDENT(S): RESPONDENTS: ------------------------------------------------------- 1. THE GENERAL MANAGER, KOZHIKODE DISTRICT CO-OPERATIVE BANK LIMITED, KOZHIKODE. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOZHIKODE. 3. KERALA CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPRUAM. SPECIAL GOVT. PLEADER (CO-OP.) SMT.ANUSIVARAMAN THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 01/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & C.T.RAVIKUMAR, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - R.P.No. 1211 OF 2009 in W.A.No.2780 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of July 2010 ORDER Basheer, J. This review petition is directed against the judgment in Writ Appeal No.2780/09. 2. Review petitioners/appellants had impugned in the appeal the interim order dated November 11, 2009 passed by the learned Single Judge which is extracted hereunder: “The stay is modified to the effect that the continuance of the stay would be subject to the condition that the petitioner pays admitted amount of Rs.2,75,000/- within one month”. 3. The grievance of the petitioners is that the writ appeal was disposed of without considering the merit of the contentions raised by them, especially, the question whether or not the claim made by the respondent was barred by limitation. 4. When this review petition came up for consideration on December 14, 2010 this court had passed an order of interim stay on condition that the review petitioners furnish security for the amount due from them to the satisfaction of respondent No.1/Bank. Learned counsel for respondent No.1 was further directed to get instruction as to whether the mortgage created by the petitioners by deposit of title deeds would R.P.No. 1211 OF 2009 in W.A.No.2780 of 2009 :: 2 :: be sufficient security for the debt. 5. Sri.P.V.Kunhikrishnan, learned counsel for the Bank, submits that the property having an extent of 5 acres which was mortgaged by the petitioners would be sufficient security for the amount now due from the petitioners. The above submission is recorded. 6. The review petition is disposed of with liberty to the petitioners and the respondents to urge all their contentions before the learned Single Judge in the writ petition which is admittedly pending now. However, in the peculiar facts and circumstances, the interim order of stay passed by this court shall remain in force for a further period of one month from today. A.K.BASHEER, JUDGE C.T.RAVIKUMAR, JUDGE jes