IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 23RD DECEMBER 2008 / 2ND POUSHA 1930 WP(C).No. 37997 of 2008(W) -------------------------- PETITIONER: --------------- KUTTY BAVA HAJI, S/O.MOHAMMED KUTTY, CHEKKAMADATH HOUSE, TANUR, OTTUMPURAM, MALAPPURAM DISTRICT. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: --------------- 1. STATE BANK OF TRAVANCORE, REP; BY AUTHORISED OFFICER, REGION III, ZONAL OFFICE, KOZHIKODE. 2. STATE REP; BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. BY STANDING COUNSEL, STATE BANK OF INDIA SRI. SAJI VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------ W.P.(C) NO. 37997 OF 2008 (W) ------------------------------------------------------ Dated this the 23rd day of December, 2008 J U D G M E N T Petitioner is a debtor to the first respondent. He has lost his plea before this Court twice. Exhibit P2 was issued holding that he is not entitled to the benefit of moratorium. By Exhibit P3, relief was refused in view of the finality of Exhibit P2 judgment. Not only that the property has been purchased by a third party who was the third respondent in Exhibit P3. Though he was party to Exhibit P3 petition, he is not made party herein. That is unfortunate. I do not find any ground to issue any order in favour of the petitioner. This writ petition fails and the same is accordingly dismissed with costs. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/24/12 // True copy // P.A. to Judge.