IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 21ST OCTOBER 2010 / 29TH ASWINA 1932 WP(C).No. 33828 of 2009(W) -------------------------- PETITIONER: -------------------- C.K.MOHAMMED ISMAIL, AGED 59 YEARS, S/O.KOCHUTHAMBI, CHERIKURUMULLAMTHADATHIL HOUSE (ALAKKULATH), NADACKAL P.O., ERATTUPETTA, KOTTAYAM. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENTS: --------------------------- 1. THE FEDERAL BANK LIMITED, P.B.NO.103, FEDERAL TOWERS, ALUVA, ERNAKULAM, REPRESENTED BY ITS CHIEF MANAGER. 2. RECOVERY OFFICER, OFFICE OF THE RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL 8TH FLOOR, K.S.H.B.BUILDING, PANAMPILLY NAGAR, COCHIN-682 036. BY ADVS. SRI.MOHAN JACOB GEORGE, SC SMT.P.V.PARVATHI SMT.REENA THOMAS SRI.L.RAM MOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.33828 of 2009-W ---------------------------------------- Dated this the 21st day of October, 2010. J U D G M E N T This writ petition is filed challenging the proceedings for sale proclaimed by the second respondent, scheduled on 24.11.2009. This Court had issued an order staying confirmation of sale if any takes place on the basis of Ext.P3 notice, for a period of one month, subject to condition of the petitioner remitting a sum of Rs.3,00,000/- within three weeks from 24.11.2009. Inspite of lapse of about one year from the date of the order, the said amount has not been remitted. Learned counsel for the petitioner submitted that the petitioner expired and the legal heirs are intending to take steps to get impleaded in this writ petition. 2. Since the petitioner had failed to comply with the condition, I am not inclined to keep this writ petition pending, especially since the challenge was against a sale proclaimed during November 2009. W.P(C) No.33828 of 2009-W 2 Under the above circumstances, the writ petition is dismissed without prejudice to rights if any available to legal heirs of the petitioner to challenge the proceedings initiated by the second respondent, as permissible under law. Sd/- C.K.ABDUL REHIM JUDGE //True Copy// P.A to Judge ab