Abdul Gafoor, J.

Is the writ petition seeking a direction to a Co-operative Society to return the title deeds of the properties mortgaged by the petitioners to obtain housing loan maintainable? This is the point arising for decision before us.

2. The petitioners, to get such a direction, mainly relied on Ext.P5 judgment of a learned single Judge of this court, wherein a similar direction was issued and Ext.P6 judgment, whereby Ext.P5 was confirmed by a Division Bench. But the learned single Judge, who heard this matter, was of the view that a civil dispute of this nature should be resoled, at the instance of the party concerned, by a civil court or by an arbitrator. This aspect was not considered in Ext.P5 and P6 judgments, according to the learned single Judge. Therefore, the learned single Judge adjourned the matter for being heard by a Division Bench. The Division Bench noticed the contention of the third respondent that the powers vested in this court under Article 226 of the Constitution of India could not be exercised for the purpose of such matter, as there was no violation of any statutory rules or byelaws; and therefore, thought that the matter be heard by a Full