IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 WP(C).No. 34045 of 2008(C) ------------------------------------- PETITIONER(S): ------------------ 1. P.K. JANAKY, W/O. LATE P.T. KRISHNAN, AGED 82 YEARS, PADINJAROOT HOUSE, THANDILAM DESOM, VELLATTANJOOR P.O., THRISSUR DISTICT, PIN 680 601. 2. NIJILESH, S/O. LATE P.T. KRISHNAN, AGED 41 YEARS, PADINJAROOT HOUSE, THANDILAM DESOM, VELLATTANJOOR P.O., THRISSUR DISTRICT, PIN 680 601. BY ADV. SRI.P.V.GEORGE(ONAKKOOR) SRI.MOHAN PULIKKAL SMT.A.AMRUTHA VIDYADHARAN RESPONDENT(S): ------------------------ 1. THE STATE BANK OF TRAVANCORE, REPRESENTED BY THE BRANCH MANAGER, S.B.T., WADAKKANCHERY BRANCH, THRISSUR. 2. THE AUTHORISED OFFICER, THE STATE BANK OF TRAVANCORE, S.B.T., WADAKKANCHERY BRANCH. 3. P.K. KANNAN, S/O. KULIYAN PATTIL, LAKSHMIKUTTI AMMA, VIJAYABHAVAN, THOTTEKKATTU LINE, POOMKUNNAM, THRISSUR -2. ADV. SRI.SATHISH NINAN FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------ W.P.(C) NO.34045 OF 2008 (C) ------------------------------------------------------ Dated this the 21st day of November, 2008 J U D G M E N T When this case is taken up today, giving up all other contentions and foreclosing the right to move before any statutory authority including DRT for relief, petitioners through their learned counsel confines to a request that they may be permitted to continue in possession. This is obviously not possible. The learned counsel for the bank has rightly pointed out that no willing purchaser would pay the required true price, if the property is in the possession of somebody. Therefore, as a last chance, it is ordered that the petitioners will vacate the premises one week before the date that may be fixed by the bank for sale. THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/22/11