The petitioner has approached this Court with the following prayers:
“i) issue a writ of certiorari or any other appropriate writ, direction or order calling for the records leading to Exhibit P3 sale notice and quash the same
ii) issue a writ of mandamus or any other appropriate writ, direction or order commanding the respondents to permit the petitioner to regularise the housing loan by allowing him to make the payment of overdue amount in easy monthly installments
iii) issue such other further reliefs, as this Honourable Court deems fit and proper to grant in the circumstances of the case.”
2. When the matter came up for consideration before this Court on 31.10.2014, the following interim order was passed:
“The learned Counsel appearing for the Bank submits that the sale is already over; though the same is yet to be confirmed. It is added that the auction purchaser has deposited 1/3rd of the bid amount of Rs.25,50,000/- and that, if the petitioner deposits a sum of Rs.5,78,384/- within one month, the claim of W.P.(C)No.26113 OF 2014 2 the petitioner to spare the property could be considered.
The learned Counsel for the petitioner submits that he is ready to deposit Rupees one lakh forthwith and the balance by way of two instalments. The petitioner is required to implead the bidder in the party array. The petitioner shall hand-over a demand draft for Rupees one lakh drawn in favour of the respondent Institution forthwith.
List the matter for further consideration on 05.11.2014”
3. Today, the learned Standing Counsel for the respondent Bank submits that the condition has not been satisfied so far. The petitioner has not chosen to implead the bidder in the party array. There is no representation for the petitioner. It appears that the petitioner has lost interest in the cause of action.
The writ petition is dismissed for non-prosecution.
P.R.RAMACHANDRA MENON JUDGE lk