IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 WA.No. 1112 of 2009() --------------------- AGAINST THE JUDGEMENT IN WPC.31857/2008 Dated 05/03/2009 .................... APPELLANT/PETITIONER:- ------------------------------------ T.SUJATHA KAVITHALAYAM, 232, KALLAYAM KALLAYAM PO, THIRUVANANTHAPURAM. BY ADV. SRI.GOPAKUMAR R.THALIYAL SRI.N.P.PRAJEESH RESPONDENTS/RESPONDENTS:- -------------------------------------------- 1. THE KERALA FINANCIAL CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR HEAD OFFICE, VELLAYAMBALAM, THIRUVANANTHAPURAM. 2. THE CHIEF MANAGER KERALA FINANCIAL CORPORATION VELLAYAMBALAM, THIRUVANANTHAPURAM. 3. THE DISTRICT MANAGER KERALA FINANCIAL CORPORATION VELLAYAMBALAM, THIRUVANANTHAPURAM. 4. SALE OFFICER KERALA FINANCIAL CORPORATION,DISTRICT OFFICE VELLAYAMBALAM, THIRUVANANTHAPURAM. (*) 5. MUHAMMED BASHEER THEN DEPUTY MANAGER (LEGAL) THAMBURU, CHULLIMANOOR PO, ANAD VILLAGE THIRUVANANTHAPURAM. 6. K.C.CHANDRAKUMAR, CHANDRODYAM, T.C.5/2147, KOKKODE, KOWDIAR PO, THIRUVANANTHAPURAM. (PTO) WA.No. 1112 of 2009() -: 2 :- (**) ADDL.7. SMT.BEENA, W/O.SURESHKUMAR, SEKHANA, KARAKULAM (PO), PARAVOORKONAM MURI, THIRUVANANTHAPURAM. (*) [R5 IS DELETED FROM PARTY ARRAY AS PER ORDER IN IA.NO.173/2010 DATED 25.2.2010] (**) [ADDL.R7 IS IMPLEADED AS PER ORDER IN IA.NO.793/2009 DATED 17.2.2010] ADV. SRI.R.S.KALKURA FOR R1 TO R4 SRI.L.MOHANAN FOR R6 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 03/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.Ramachandran Nair & Bhabani Prasad Ray, JJ. ==================================== W.A.No.1112 of 2009 ==================================== Dated this the 3rd day of March, 2011. JUDGMENT Ramachandran Nair, J. Appeal is filed against the judgment of the learned single Judge dismissing the appellant's prayer for cancellation of sale made by K.F.C. in recovery proceedings and the demand of further amount due from the appellant. We have heard counsel for the appellant and standing counsel for K.F.C. 2. After hearing both sides and after going through the records impugned in the findings of the judgment, we do not find any ground to interfere because, the appellant's case that she was not aware of the sale is unacceptable because, she was granted One Time Settlement facility to clear the arrears, which she did not remit. Further, after the sale of the property matter was taken up by the appellant before the Family Court for setting aside the sale of the property which petition was later withdrawn. Above all, sale deed W1112/09 -:2:- was executed in 2004 and the writ petition challenging the sale was filed in this Court in 2008. The learned single Judge did not find any justification to entertain the challenge against the sale on account of the delay alone. We do not find any ground to deviate from the view taken by the learned single. Consequently, writ appeal is dismissed. C.N.Ramachandran Nair, Judge. Bhabani Prasad Ray, Judge. sl.