IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 5TH NOVEMBER 2009 / 14TH KARTHIKA 1931 WP(C).No. 31529 of 2009(O) -------------------------- OS.703/2000 of II ADDL.SUB COURT,THRISSUR ............................. PETITIONER(S): --------------- 1. EBIN @ PATHROSE, S/O. STANLEY JOSE, KUTTIKKATTU HOUSE, PATTITHADAM, PAZHANJI, THRISSUR DISTRICT, REPRESENTED BY FATHER STANLEY JOSE. 2. KUMARI HELNA @ SUSANNA, D/O. STANLEY JOSE, KUTTIKKATTU HOUSE, PATTITHADAM, PAZHANJI, THRISSUR DISTRICT, REPRESENTED BY FATHER STANLEY JOSE. BY ADV. SRI.RAJIT SRI.LOWEL CHERIAN ADV. REMYA K.R RESPONDENT(S): --------------- 1. THE FEDERAL BANK LTD., ALWAYE, BRANCH KUNNAMKULAM, THRISSUR DISTRICT. 2. SMT. SHEEBA STANLY, W/O. STANLY K.J., KUTTIKKATTU HOUSE, PATTITHADAM, PAZHANJI, THRISSUR DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: vdv S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.31529 OF 2009 -------------------------- Dated this the 5th day of November 2009 ------------------------------------- JUDGMENT Procedural noncompliance of the mandatory requirements in settling the proclamation for the sale of the property to satisfy the decree is canvassed by the judgment debtors 10 and 11 in E.P No. 85 of 2005 in O.S No. 703 of 2000 on the file of the Sub Court, Thrissur in the present writ petition. At the time of hearing, the learned counsel for the petitioner submits that the sale was conducted by the court on 04/11/2009, with the property knocked down in the auction by the decree holder bank. When that be the case, reserving the right of the petitioner to challenge the sale, if so advised, on whatever grounds available to him under law, the matter has to be closed, and it is ordered accordingly. Sd/- S.S.SATHEESACHANDRAN, //TRUE COPY// JUDGE vdv P.A TO JUDGE