IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 31ST MAY 2011 / 10TH JYAISHTA 1933 WP(C).No. 876 of 2011(H) ------------------------ PETITIONER: --------------- THOMAS KURIAN, A/C.NO.220/35231, THEKKEL HOUSE, KURAVILANGADU P.O. BY ADV. SRI.P.BABU KUMAR RESPONDENT: --------------- SYNDICATE BANK, REP. BY ITS BRANCH MANAGER, KURAVILANGADU BRANCH, KURAVILANGADU P.O. - 686633. BY ADV. MR. R.S. KALKURA, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 876 OF 2011 ......................................................................... Dated this the 31st May , 2011 J U D G M E N T The petitioner has approached this court with the following prayers. .”i) a writ of mandamus or any other appropriate writ order or direction to return the document of the petitioner in the bank; ii) issue any other writ, order or direction this Hon'ble court may deem fit in the nature and circumstances of the case”. 2. When the matter came up for consideration on 17.01.2011, the following interim order was passed: “According to Standing Counsel for the Bank, it is because of the application made by the wife of the petitioner, who has made substantial payments for discharging the liability incurred by the petitioner, mortgaging W.P.(C) No. 876 OF 2011 2 the property that Bank has not released the title deeds to the petitioner. Now that the dispute is essentially between the husband and wife, the petitioner may implead the wife. Post when moved again. 3. The matter was adjourned thrice thereafter for enabling the petitioner to implead the wife, with whom the actual dispute is in existence, which requirement is still to be acted upon. There is no representation for the petitioner, today. It appears that the petitioner is no more interested in the cause of action projected in the writ petition. Accordingly, the writ petition is dismissed for non prosecution. P.R. RAMACHANDRA MENON, JUDGE. lk