WP(C) No. 31640 of 2009 · Kerala High Court

W.P.(C)No. 31640 of 2009-3-3.Having confronted with the above position, learned counsel for the petitioner sought permission to withdraw the writ petition without prejudice to rights of the petitioner to approach the civil court or the appellate authority under the SARFAESI Act. He further prays for adirection to keep in abeyance actual dispossession of the petitioner and his family from the property for a short period in order to facilitate him to approach the appropriate authority. 4. Having considered submissions on the side of the petitioner and after hearing learned standing counsel appearing for the 1st respondent, I am of the opinion that permission can be granted to withdraw the writ petition and further direction can be issued to keep coercive steps for alimited period to facilitate the petitioner to move before the appropriate authority. 5. In the result the writ petition is dismissed as withdrawn, without prejudice to rights of the petitioner to approach the appropriate civil court and/or the appellate W.P.(C)No. 31640 of 2009-4-authority under the SARFAESI Act. 6. The 1st respondent is directed to keep in abeyance further coercive steps for dispossession of the petitioner from the property for a period of three weeks from today. C.K. ABDUL REHIM JUDGEshg/