IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 WA.No. 44 of 2007() ------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.32817/2006 Dated 08/12/2006 .................... APPELLANT(S): PETITIONER IN WP(C): ---------------------------------- A.P. VIJAYAN PILLAI, AGED 51 YEARS, S/O. PRABHAKARAN PILLAI, ARACKAL HOUSE, KEEZHILLAM P.O., (VIA) PERUMBAVOOR. BY ADV. SRI.K.SUNILKUMAR RESPONDENT(S): RESPONDENTS IN WP(C): ------------------------------------ 1. THE STATE BANK OF INDIA, S.S.I. BRANCH, KANJIKKODE, PALAKKAD. 2. M/S. KINGS PLYWOODS, PALAKKAD, REP. BY MANAGING PARTNER, A.P.VIJAYAN PILLAI, KOVILPALAYAM, RAMASSERI, PALAKKAD.(*DELETED) 3. MRS. VIMALA DEVI, W/O. A.P. VIJAYAN PILLAI, ARACKAL HOUSE, KEZHILLAM P.O., VIA. PERUMBAVOOR. 4. MR.C.SACHIDANANDAN NAIR, S/O. PRABHAKARAN NAIR, THULASI BHAVAN,MOOLAMKODE, VADAKKANCHERRY, VIA. ALATHUR. 5. MR. C.SIVAKUMARAN NAIR, S/O. PRABHAKARAN NAIR, THULASI BHAVAN, MOOLAMKODE, VADAKKANCHERRY, VIA. ALATHUR. 6. MR. PRABHAKARAN NAIR, S/O. RAMANKUTTY NAIR, THULASI BHAVAN, MOOLAMKODE, VADAKKANCHERRY, VIA. ALATHUR. 7. DR. RAJU P. VASUDEVE, S/O. P.V.V.NAMBHOOTHIRI, RESIDING AT PALATHINKARA HOUSE, BANK JUNCTION, ALUVA, ERNAKULAM DISTRICT. 8. THE RECOVERY OFFICER, THE DEBT RECOVERY TRIBUNAL, KOCHI-36. 9. THE DEBT RECOVERY TRIBUNAL, KOCHI-36. (*)(2ND RESPONDENT IS DELETED FROM PARTY ARRY AS PER ORDER DT.12.10.2009 IN I.A. 1021/2009.) ADV. SRI.GEORGE THOMAS(MEVADA), SC, SBI FOR R1 SRI.K.JAYAKUMAR FOR R7 SRI.P.B.KRISHNAN FOR R7 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... Writ Appeal No.44 of 2007 .................................................................... Dated this the 27th day of October, 2009. JUDGMENT Ramachandran Nair, J. Even though appellant has raised various allegations of irregularities in the sale, we do not find any justification to interfere with the impugned judgment because admittedly property was sold on 28.9.2006 and even when W.P.(C) was filed, sale was confirmed. This court had not granted any interim orders and consequently the property was again sold by the purchaser in auction to another person. We do not find any merit in the Writ Appeal because the delay has defeated whatever is the genuine claim of the appellant. The Writ Appeal is consequently dismissed. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms