IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 WP(C).No. 2297 of 2009(W) ------------------------- OA.86/2000 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER(S): -------------------------- K.MOHAMMED, S/O.ALI HAJEE, KOTTEKKADAN HOUSE, KUTHUKAL ROAD, MANJERI, MALAPPURAM. BY ADV. SRI.S.RAMESH BABU RESPONDENT(S): ---------------------------- 1. DHANALAKSHMI BANK LTD., CALICUT MAIN BRANCH, CHINTHAVALAPPU, KOZHIKODE. 2. RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL FOR KERALA AND LAKSHADWEEP, 8TH FLOOR, KSHB BUILDING, PANAMPILLY NAGAR, ERNAKULAM. 3. K.T.UMMER, AGED 51 YEARS, S/O.SHRI.UNNIYDRU, RESIDING AT PUTHANPURAKKAL HOUSE, P.P.ROAD, THANDUPARAKKAL PO., WANDOOR, MALAPPURAM. R1 BY ADV. MR. C.K.KARUNAKARAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.2297 of 2009-W = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 21st day of January, 2009. JUDGMENT The petitioner is a debtor of the first respondent. One co-obligant, namely, Moosa, obtained Ext.P4 judgment from this Court. Obviously, the terms thereof were not complied with. The property of the petitioner, who is a guarantor, was brought to sale. That sale has been confirmed by the issuance of Ext.P5 on 12-12-2008. The sale was on 23-10-2008. The property has been purchased in the auction sale by the third respondent. I do not find any ground for this Court to interfere with, as of now, particularly when statutory remedies are or were available to have the sale set aside even on grounds of deposit or on grounds relatable to illegality, irregularity or impropriety. The writ petition is dismissed without prejudice to statutory remedies, if any, available. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/