IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 WP(C).No. 14236 of 2011(D) -------------------------- PETITIONER(S): --------------- 1. SIVANANDAN, AGED 46 YEARS, BUSINESS, S/O. NARAYANAN, 6/1226, NEAR G.L.P SCHOOL, KARINKARAPALLY, PALAKKAD. 2. JEMI SIVANANDAN, AGED 40 YEARS, HOUSE WIFE, W/O. SIVANANDAN, 6/1226, NEAR G.L.P SCHOOL, KARINKARAPALLY, PALAKKAD. BY ADV. SRI.K.K.JAYARAJ NAMBIAR SRI.NISHIN GEORGE VIJAYABABU RESPONDENT(S): --------------- PALAKKAD CO-OPERATIVE URBAN BANK LTD.NO. F 997, COURT ROAD, PALAKKAD - 678 001, REPRESENTED BY ITS AUTHORISED OFFICER. ADV. SRI.LIJU. M.P FOR R SRI.M.SUGADHA KUMAR FOR R SRI.A.V.RAVI FOR R THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14236 of 2011(D) APPENDIX PETITIONER'S EXHIBITS : EXT.P1 : COPY OF THE DISCHARGE SUMMUARY DTD.7.5.2008 EXT.P2: COPY OF THE DEMAND NOTICE DTD.8.2.2010 EXT.P3: COPY OF THE POSSESSION NOTICE DTD.18.2.2011 RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A TO JUDGE C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.14236 of 2011-D ---------------------------------------- Dated this the 1st day of July, 2011. J U D G M E N T Considering the alternative remedy available to the petitioners, this court was not inclined to entertain this writ petition. However, based on the persuasive submission of counsel for petitioner, the dispossession was stayed by virtue of an interim order issued on 26.5.2011, subject to condition of the petitioners remitting a sum of Rs.1 lakh on or before 25.6.2011. 2. It is submitted by learned counsel appearing for the respondent Bank that the condition stipulated has not been complied with, till date. There is no representation for the petitioners when the matter is taken up for consideration on today. 3. Under the above mentioned circumstances I am not inclined to entertain this writ petition any further in order to exercise the discretionary jurisdiction vested on this Court, in favour of the petitioners. Accordingly the writ petition is dismissed. C.K.ABDUL REHIM ab JUDGE