P.R. Ramachandra Menon, J. - (1.) This Review Petition has been filed by the first respondent Bank in W.P.(C) No. 8259 of 2009 seeking to modify the directions in the verdict granting a concession to the writ petitioners by directing the Bank to proceed against the 'residential property', only if the sale of other items of properties did not fetch adequate amount to satisfy the entire outstanding liability. The verdict was passed on 05.06.2009. Steps were taken against all the remaining 4 items of the property, but due to one or other reasons, such attempts came to be stalled also by way of interim orders passed in various proceedings filed from different corners. No amount has been paid or realised so far, despite the submission made by the writ petitioners before the Court that they earnestly wanted to liquidate the entire liability and the attempt was only to spare the residential property, if possible.
(2.) Heard the learned Sr. Counsel Mr. K.K. Chandran Pillai, appearing for the review petitioner Bank and Mr. P. Sanjay, the learned counsel for the writ petitioner.
(3.) The Review Petition has been filed with a petition to condone the delay of 1942 days in filing the same. The sequence of events, after passing the judgment on 05.06.2009 has been narrated in the affidavit filed in support of the application. The steps taken by the Bank to proceed against the other properties (sparing the residential property, for the time being)so as to give effect to the verdict passed by this Court; the position as on date whereby no amount could be realised during the past seven years and the fact that no payment has been made by the writ petitioners till date, despite their assertion before the Court leading to granting of relief by way of concession on 05.06.2009 have also been explained, thus necessitating the Review. A counter affidavit has been filed by the respondents (writ petitioners) in the Review Petition opposing the reliefs sought for, also pointing out that the Review Petition itself is not maintainable, either on facts or in law.;