IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 WA.No. 1352 of 2009 -------------------------------- AGAINST THE JUDGEMENT IN WPC.14999/2009 Dated 01/06/2009 .................... APPELLANTS/PETITIONERS --------------------------------------- 1. K.C.KOMALA, KUNNUMMAL HOUSE, KOLMOTTA, PARASSINIKADAVU, KANNUR DISTRICT, NOW RESIDING AT KANIYARA HOUSE, OZHAKROM, POST MORAZHA, KANNUR DISTRICT. 2. MRS. JANAKI, W/O. LATE V.K.GOPALAN NAIR, VAZHAYIL HOUSE, PINARAYI (VIA), THALASSERY, KANNUR DISTRICT. BY ADV. SRI.P.U.SHAILAJAN RESPONDENTS/RESPONDENTS -------------------------------------------- 1. INDIAN BANK, REPRESENTED BY BRANCH MANAGER, PAPPINISSERI BRANCH, P.O.PAPPINISSERI, KANNUR DISTRICT. 2. THE CHIEF MANAGER, INDIAN BANK, P.B.NO.23, COURT ROAD, KANNUR-1. 3. THE MANAGER, (AUTHORIZED OFFICER UNDER SARFAESI ACT), INDIAN BANK, CIRCLE OFFICE, ERNAKULAM, KOCHI-35. ADDL.4. P.ISMAIL, AGED 27 YEARS, S/O.MOHAMMED KUNJI, PARUL HOUSE, ERUVATTY, CHAPPARAPPADAVU, KANUR DISTRICT. (ADDL.4TH RESPONDENT IS IMPLEADED AS PER ORDER DATED 1.2.2009 IN IA NO.978 OF 2009) ADDL.5 C.M.MADANA MOHANDAS, S/O.SRI.C.M.APPA NAIR, C.K.HOUSE, VADAKKUMPAD P.O., THALASSERY-670 109. WA NO.1352 OF 2009 - 2 - ADDL. 6. K.K.SUDHAKARAN, S/O.SRI.E.KUMARAN, KARIPPARATH VEEDU, PINARAYI P.O., THALASSERY, KANNUR DISTRICT. (ADDL.RESPONDENTS 5 AND 6 ARE IMPLEADED AS PER ORDER DATED 4.12.2009 IN IA NO.1237/2009) R1 TO R3 BY ADV. SRI.S.EASWARAN R4 BY ADV.SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH FOR ADDL.R4 R5 & R6 BY ADV. SRI.SREEPRAKASH THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Thottathil B.Radhakrishnan, J. ------------------------------------------ W.A.No.1352 of 2009 ------------------------------------------ Dated this the 8th day of January, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. The two writ petitioners sought relief in W.P.(C) No.14999 of 2009. This Court by the impugned judgment issued certain directions. In the pending writ appeal, the first writ petitioner has discharged her liability utilising the opportunities extended by the learned Single Judge as also the Division Bench. 2. But the fact of the matter remains that inspite of various opportunities the second appellant has not paid the amounts which could have ultimately salvaged the property of the second appellant from auction. The sale of the property of the second appellant, in fact, stands confirmed. Beyond that is the fact that the second appellant is even now unable to pay the amounts, even to persuade the auction purchaser to agree to have W.A.No.1352 of 2009 - 2 - the sale set aside. Under such circumstances, we do not find any ground to further interfere in the matter. The writ appeal is accordingly dismissed. S.R.Bannurmath, Chief Justice Thottathil B.Radhakrishnan, Judge vns