IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 31348 of 2008(F) ------------------------------------ PETITIONER(S): ------------------- SANTHA RAJ.M,C-10,BSNL QUARTERS, PARUTHIPPARA, NALANCHIRA.P.O, TRIVANDRUM. BY ADV. SRI.M.R.SASITH RESPONDENT(S): ---------------------- 1. INDIAN BANK, REPRESENTED BY THE GENERAL MANAGER, PATTOM BRANCH, THIRUVANANTHAPURAM-4. 2. AUTHORISED OFFICER, INDIAN BANK, PATTOM BRANCH, THIRUVANANTHAPURAM-4. ADV. SRI.S.EASWARAN, SC FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------ W.P.(C) NO.31348 OF 2008 (F) ------------------------------------------------------ Dated this the 29th day of October, 2008 J U D G M E N T The writ petitioner challenges proceedings under the SARFAESI Act. The second respondent has filed a statement showing that the sale has been confirmed in favour of one Sri.James Varghese whose address is disclosed in that statement, copy of which has been served on the learned counsel for the petitioner. Since third party rights have intervened, I am not inclined to exercise jurisdiction under Article 226 of the Constitution of India. Hence, this writ petition is dismissed, preserving the rights of the petitioner for proceedings and reliefs in terms of the SARFAESI Act. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/31/10 // True copy // P.A. to Judge.