IN THE HIGH COURT OF KERALA AT ERNAKULA PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WA.No. 771 of 2009 ---------------------------- AGAINST THE JUDGEMENT IN WPC.36300/2008 Dated 12/12/2008 .................... APPELLANT/WRIT PETITIONER --------------------------------------------- T.K.VASUDEVAN PILLAI, SALEELA BUILDING, VYTTILA, COCHIN-19. BY ADV. SRI.JESWIN P.VARGHESE RESPONDENT/RESPONDENT ------------------------------------------ THE FEDERAL BANK LTD., ERNAKULAM (SOUTH) BRANCH, ERNAKULAM. BY STANDING COUNSEL SRI.K.K.CHANDRAN PILLAI THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A.No. 771 of 2009 ------------------------------------------ Dated, this the 3rd day of April, 2009 JUDGMENT Kurian Joseph, J. This writ appeal is filed by the petitioner in the writ petition. He approached this Court aggrieved by the recovery proceedings initiated by the respondent Bank. It is submitted that he has filed an application to set aside the ex parte decree passed by the Debts Recovery Tribunal and that before passing orders thereon, steps have been taken to conduct sale. The learned Single Judge disposed of the writ petition directing the petitioner to make interim payments and that on such payments the ex parte order will stand set aside. 2. It is the contention of the appellant that it is difficult for the appellant to comply with the conditions stipulated by this Court and hence he may be permitted to withdraw the writ petition itself so that he can pursue his application before the Debts Recovery Tribunal. Though the learned counsel appearing for the Bank W.A. No.771 of 2009 - 2 - brought to our notice the background of the litigation which would disentitle the relief prayed for by the appellant, in view of the persuasive submission made by the learned counsel for the appellant, we permit him to withdraw the writ petition. Therefore, the impugned judgment of the learned Single Judge is set aside and the writ petition is disposed of as withdrawn. Writ appeal is disposed of as above. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns