IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 OP.No. 29627 of 2000(B) ----------------------- PETITIONER(S): --------------- GIRIJA SASIDHARAN, CHIKKANDAMOOLA, MANIMOOLA, BANDADKA, KASARGOD. BY ADV. SRI.M.A.ASIF SRI.GEORGE SEBASTIAN RESPONDENT(S): --------------- 1. THE MANAGER, S.B.T., KASARGOD BRANCH. 2. THE TAHSILDAR, REVENUE RECOVERY, KASARGOD. 3. DISTRICT COLLECTOR, KASARGOD. ADDITIONAL RESPONDENT: 4. A.T.JOSEPH, S/O.A.T.THOMAS, MANADUKKAM, BANDADKA VILLAGE AND POST, KASARGOD TALUK. ADV. SRI.SATHISH NINAN FOR R1 GOVERNMENT PLEADER SHRI.M.R.SABU FOR R2 & R3 SRI.SERGI JOSEPH THOMAS FOR R4 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 31.10.2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO. 29627/00. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE NOTICE DTED.25.8.00 BY R2. RESPONDENTS' EXHIBITS: R1A. COPY OF THE LOAN APPLICATION. B. COPY OF THE AGREEMENT. C. LETTER DTD.27.8.97. R4A. COPY OF THE RECEIPT DTD.27.8.01 BY THE VILLAGE OFFICER. R4B. COPY OF THE REPLY NOTICE DTD.23.4.04. C. COPY OF THE COMMUNICATION DTD.2.12.04. D. COPY OF THE CERTIFICATE OF SALE DTD.10.5.05. E. COPY OF THE SALE DEED DTD.20.6.05. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.No.29627 of 2000 ================== Dated this the 31st day of October, 2008 J U D G M E N T For amounts due to the 1st respondent from the petitioner, in a loan transaction, the petitioner's property was brought to sale and Ext.P1 notice of sale was issued. This is under challenge in this original petition. The counsel for the 1st respondent points out that pursuant to Ext.P1 sale notice, sale had been conducted on 11.10.2000 ie., after the sale. The petitioner has filed this writ petition only on 19.10.2000. The sale has become complete and final, and the additional 4th respondent has purchased the same. The petitioner has not chosen to challenge the sale itself. Now it is submitted before me that even the additional 4th respondent has sold the property to somebodyelse. No stay was also obtained by the petitioner. In the above circumstances, no relief can be granted to the petitioner in this original petition and accordingly, the same is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2 S.SIRI JAGAN, J. =============== O.P.No.29627 of 2000-B =============== J U D G M E N T 31st October, 2008 3