IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 WP(C).No. 26781 of 2008(L) ------------------------------------- PETITIONER: ------------------- V.UNNIKRISHNAN, S/O.V.VELAYUDHAN, VALLANGATTIL HOUSE, POST PERASANNUR, VALANCHERRY, MALAPPURAM DISTRICT. BY ADV. SRIC.M.MOHAMMED IQUABAL RESPONDENTS: ---------------------- 1. THE MALAPPURAM DISTRICT CO-OPERATIVE BANK LTD, HEAD OFFICE, POST MALAPPURAM, REPRESENTED BY ITS GENERAL MANAGER. 2. THE MALAPPURAM DISTRICT CO-OPERATIVE BANK LTD, BRANCH OFFICE, VALANCHERRY, POST VALANCHERRY, MALAPPURAM DISTRICT. REPRESENTED BY ITS MANAGER. STANDING COUNSEL SRI.E.K.MADHAVAN & SRI.P. VIJAYAMMA FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ----------------------------------------------- W.P.(C) NO.26781 OF 2008 (L) ----------------------------------------------- Dated this the 4th day of September, 2008 J U D G M E N T The learned counsel for the respondent bank states that following the impugned proceedings under SARFAESI Act, the sale was conducted and a third party purchased the property on 25-8-2008 for Rs.3,01,000/-. Under such circumstances, leaving open the rights of the petitioner to proceed against such measure taken under that Act, this writ petition is dismissed, without prejudice. THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/4/9