IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 WP(C).No. 38277 of 2007(F) -------------------------- PETITIONER: ------------- K.T.SHAHEDULLA, KANNANTHODI HOUSE, PONNYAKURSHI, PERINTHALMANNA. BY ADV. SRI.MURALI PURUSHOTHAMAN SRI.M.UMMER RESPONDENTS: ---------------- 1. THE PERINTHALMANNA SERVICE CO-OPERATIVE BANK, PERINTHALMANNA, REPRESENTED BY ITS SECRETARY. 2. THE SPECIAL SALE OFFICER, PERINTHALMANNA SERVICE CO-OPERATIVE BANK, PERINTHALMANNA. 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, PERINTHALMANNA. R2 & R3 BY SENIOR GOVT. PLEADER, SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 38277 OF 2007 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE EXEUCTION PETITION DT.03.07.07 FILED BY THE RESPONDENT IN EXT.P1 : TRUE COPY OF THE NO.113/07 IN ARC NO.803/05 BEFORE THE SUBORDINATE COURT, MANJERI. EXT.P2 : TRUE COPY OF THE OBJECTION DT.16.08.07 FILED BY THE PETITIONER TO THE DRAFT SALE PROCLAMATION FILED BY THE RESPONDENT. EXT.P3 : TRUE COPY OF THE SALE PROCLAMATION DT.22.10.07 CAUSED TO BE PUBLISHED BY THE COURT BELOW. EXT.P4 : TRUE COPY OF THE AFFIDAVIT DT.10.12.07 FILED BY THE PETITIONER BEFORE THE OCURT BELOW. EXT.P5 : TRUE COPY OF THE REPRESENTATION DT.24.12.07 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P6 : TRUE COPY OF THE CIRCULAR NO.30/07 DT.03.05.07 ISSUED BY THE CO- OPERATIVE DEPARTMENT. /TRUE COPY/ PA TO JUDGE. THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------- W.P(C) No. 38277 OF 2007 ----------------------------------- Dated this the 28th day of February, 2008 JUDGMENT Learned counsel for the petitioner submits that conditions imposed as per the interim order could not be complied with and that the matter is likely to be settled forthwith and this Writ Petition may be dismissed as withdrawn with liberty to file afresh. The submission is recorded and the Writ Petition is dismissed as withdrawn as sought for. THOTTATHIL B. RADHAKRISHNAN, JUDGE ttb WPC No. 38277 OF 2007 2