IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 WP(C).No. 1237 of 2008(V) ------------------------- PETITIONERS: --------------- 1. HARIDASAN, S/O.LATE AYYAPPAN, NELLIPARAMBIL HOUSE, PERUR AMSOM AND DESOM, OTTAPALAM TALUK. 2. KALYANI, W/O.LATE AYYAPPAN, NELLIPARAMBIL HOUSE, PERUR AMSOM AND DESOM, OTTAPALAM TALUK. BY ADV. SRI.E.R.VENKATESWARAN SRI.R.SREEHARI RESPONDENTS: ---------------- 1. OTTAPALAM CO-OP.URBAN BANK LTD. OTTAPALAM REPRESENTED BY ITS GENERAL MANAGER. 2. SPL.SALE OFFICER FOR OTTAPALAM CO-OP. URBAN BANK LTD. OFFICE OF THE ASST.REGISTRAR OF CO-OP.SOCIETIES (G), OTTAPALAM. R1 BY SRI.VINOD MADHAVAN, SC. R2 BY SMT.ANU SIVARAMAN, GOVT. PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.1237 OF 2008 ------------------------------------------- Dated this the 14th day of January, 2008 JUDGMENT Heard counsel for parties. 2. Nothing survives Ext.P2 judgment of this Court rendered inter partes, whereby, the petitioner was permitted to pay off the amounts in instalments. The mere fact that this Court had required the Bank to consider whether the petitioners can be granted any remission of interest in accordance with law does not provide any fresh cause of action for litigation. In view of Ext.P2, I am of the considered view that all issues inter partes are concluded and nothing survives that judgment. Having regard to the plea for a further opportunity to wipe off the arrears, this writ petition is disposed of directing that if the petitioner remits the entire outstanding arrears in three instalments payable on or before the 25th of every month, WPC.1237/08 Page numbers commencing from January, 2008, distress action shall be dropped. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.