IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 13TH JUNE 2011 / 23RD JYAISHTA 1933 WP(C).No. 32347 of 2010(P) ---------------------------------- PETITIONER(S): ------------------- 1. JOHNSON.T.J, S/O.JOSEPH, THEKKEMURIYIL HOUSE, PERUMPAIKATTUSSERY KARA, PERUMPAIKKAD VILLAGE, KOTTAYAM. 2. SMITHY JOHNSON, W/O.JOHNSON.T.J, S/O.JOSEPH, THEKKEMURIYIL HOUSE, PERUMPAIKATTUSSERY KARA, PERUMPAIKKAD VILLAGE, KOTTAYAM. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT(S): --------------------- 1. ORIENTAL BANK OF COMMERCE, KOTTAYAM MAIN BRANCH, KORATTIYIL COMPLEX, SASTRI ROAD, KOTTAYAM, REPRESENTED BY ITS SENIOR MANAGER, PIN - 686 003. 2. SENIOR MANAGER AND AUTHORIZED OFFICER, ORIENTAL BANK OF COMMERCE, KOTTAYAM BRANCH, KORATTIYIL COMPLEX, SASTRI ROAD, KOTTAYAM. - 686 003. R1 & R2 BY ADVS. SRI.SAJI.P.JOSEPH SMT.G.MINI (PALATH) SRI.K.T.SAJU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 32347 of 2010 --------------------------------- Dated this the 13th day of June, 2011 JUDGMENT Considering the facts and circumstances and also considering availability of effective alternative remedy, this court was not inclined to entertain this writ petition. However, on the basis of persuasive submissions made, an interim order was granted restraining dispossession of the petitioner from the property, subject to condition of the petitioner remitting a sum of Rs.4 lakhs within three weeks from 22.10.2010. Subsequently the petitioner sought for an extension of the time stipulated for payment. Inspite of stiff opposition time was extended till 30.11.2010, making it clear that no further extension will be granted and the writ petition will be dismissed on failure. It is conceded that the interim order has not been complied with, till date. 2. Under the above mentioned circumstances I am not inclined to entertain this writ petition any further, for exercising the discretionary jurisdiction vested on this court, in favour of the petitioner. The writ petition is accordingly dismissed. Pmn/ C.K.ABDUL REHIM,JUDGE WP(C) 2 pmn/