IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 WP(C).No. 3892 of 2009(L) ------------------------- PETITIONER(S): --------------- 1. KRISHNA CHANDRAN.C, BHADRA, KAKKAZHAM.P.O, ALAPPUZHA - 5. 2. MRS. SARITHA, KRISHNACHANDRAN, W/O. KRISHNACHANDRAN.C, BHADRA, KAKKAZHAM.P.O, ALAPPUZHA -5. 3. MRS. MEERABAI.S, BHADRA, KAKKAZHAM.P.O, ALAPPUZHA-5. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): --------------- 1. THE UNION BANK OF INDIA, ALAPPUZHA BRANCH, KABEER PLAZA, C.C.S.B ROAD, MULLACKAL, ALAPPUZHA - 688 011, REPRESENTED BY ITS MANAGER. 2. THE AUTHORISED OFFICER, THE UNION BANK OF INDIA, ALAPPUZHA BRANCH, KABEER PLAZA, C.C.S.B ROAD, MULLACKAL, ALAPPUZHA - 688 011. BY ADV.SRI.A.S.P.KURUP, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.3892 OF 2009 ------------------------------------------- Dated this the 5th day of February, 2009 JUDGMENT The petitioners availed a loan. On default, action was taken under the SARFAESI Act. They moved this Court and obtained Ext.P3 judgment, holding out an agreement for sale in favour of one Mohammed Basheer. Later, they moved I.A.319/09 for enlargement of time to make payment in terms of Ext.P3 judgment. This Court extended the time till 31.1.2009, taking a lenient view, with a rider that no further time would be granted in any circumstance. The aforesaid Mohammed Basheer, thereafter, filed another writ petition before this Court as W.P (C).3176/09 and that was dismissed by this Court on 30.1.2009, holding that he has no legal right to challenge the SARFAESI Act proceedings being only a vendee under an agreement for sale. Now, the petitioners have filed this writ petition seeking further indulgence. Finality of Ext.P3 judgment and Ext.P5 order stare at them. This writ petition fails. The same is accordingly dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.9/2.