IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 RP.No. 376 of 2008(H) -------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.4066/2008 Dated 11/03/2008 .................................... REVIEW PETITIONERS/RESPONDENTS 1 TO 4: ------------------------------------------------------ 1. CHIEF MANAGER (AUTHORISED OFFICER), STATE BANK OF TRAVANCORE, BRANCH KONNI. 2. BRANCH MANAGER, STATE BANK OF TRAVANCORE, BRANCH KONNI. 3. ASSISTANT GENERAL MANAGER, ZONAL OFFICE STATE BANK OF TRAVANCORE, COLLECTORATE, KOTTAYAM. 4. GENERAL MANAGER (OPERATION) STATE BANK OF TRAVANCORE, HEAD OFFICE, PUJAPPURA, TRIVANDRUM. BY ADV. SRI.R.S.KALKURA RESPONDENTS/ PETITIONERS: ----------------------------------- 1. DANIEL V.GEORGE, VALUTHUDIL HOUSE, KONNI P.O 2. ROSAMMA DANIEL, VALUTHUNDIL HOUSE, KONNI P.O. BY ADV. SRI. N.K. MOHANLAL THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 7/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = R.P. No. 376 of 2008 in W.P.(C) No.4066 OF 2008 H = = = = = = = = = = = = = = = Dated this the 7th April, 2008. J U D G M E N T This Review Petition has been filed by the respondents in the writ petition. 2. At the time when the writ petition was disposed of, based on the instruction that was given to the counsel, submission was made that it will be open to the petitioner to remove the movable items that are available in the mortgaged premises. However, subsequently on verification it has come to the knowledge of the respondents that these movable items are also hypothecated to the bank. When the writ petition came up for orders on 31.3.2008 counsel entered appearance on behalf of the writ petitioners and sought for time. 3. Today, when the matter came up for admission there is no counter affidavit filed. Even otherwise I have no reason to think RP No.376/08 in WPC No.4066/08 - 2 - that the facts now projected by the respondents in the Review Petition that the movable items are hypothecated to the bank is incorrect for any reason. Therefore, the Review Petition stands allowed and the submission recorded in paragraph 2 of the judgment that the respondent bank had no objection in the petitioner removing the movable items, will stand deleted. ANTONY DOMINIC JUDGE jan/-