IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 WP(C).No. 28770 of 2008(Y) -------------------------- CMP.1540/2008 of C.J.M.COURT,TRIVANDRUM .................... PETITIONERS: ---------------------- 1. J.PRASANNAKUMAR, J.P. NILAYAM, VAVODE, VAZHICHAL P.O., THIRUVANANTHAPURAM. 2. J.PRABHASH,KUMAR BHAVAN, VAVODE, VAZHICHAL P.O., THIRUVNANTHAPURAM. BY ADV. SRI.B.S.SWATHY KUMAR RESPONDENTS: -------------------------- 1. THE AUTHORISED OFFICER, CHIEF MANAGER (ADVANCES), STATE BANK OF TRAVANCORE, REGION -II, SHANTHI NAGAR, THIRUVANANTHAPURAM. 2. J.MOHANDAS, PROPRIETOR, 'HAPPY FUELS',PALLICHAL, THIRUVANANTAPURAM. ADV. SRI. R.S. KALKURA, SC, SBT FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.28770 of 2008-Y = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 30th day of September, 2008. JUDGMENT Petitioners stood guarantors for a facility availed by their brother for the purpose of a petrol pump. On default, SARFAESI Act proceedings were initiated. The petitioners and their brother Mohandas filed Ext.P3 writ petition and obtained that judgment dated 8th July, 2008 requiring them to pay an amount of Rs.7 lakhs within one month therefrom and to pay the balance in six equal monthly instalments starting from 1-9-2008. No remittance was made and hence the respondents are proceeding to dispossess the petitioners and take possession of the security property. Though the petitioners have pleaded in the writ petition that they had only signed certain papers for the WP(C)28770/08 -: 2 :- institution of Ext.P3 writ petition, ultimately the learned counsel for the petitioners seeks leave to withdraw this writ petition. The writ petition is hence dismissed as withdrawn. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/031008