IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 WA.No. 1139 of 2006() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.24258/2003 DATED 31/1/2006 .................... APPELLANT(S): ADDL. 4TH RESPONDENT: -------------------------------------------------------------- JOMON JOSEPH, THOTTINGAL HOUSE, KARINKUNNAM, THODUPUZHA. BY ADV. MR.JOMY GEORGE RESPONDENT(S): RESPONDENTS 1 TO 3 AND THE PETITIONER: ------------------------------------------------------------------------------------------------ 1. THE DISTRICT COLLECTOR, PALAKKAD. 2. THE TAHSILDAR, MANNARKKAD, PALAKKAD DISTRICT. 3. SUNNY P.J., S/O.JOSEPH, POOVATHANIYIL HOUSE, KANDAMANGALAM, MANNARKKAD, PALAKKAD DISTRICT. 4. FEDERAL BANK LIMITED, ALANALLUR BRANCH, PALAKKAD DISTRICT, REPRESENTED BY ITS MANAGER, M.N.RAMAKRISHNAN. R1 & R2 BY GOVERNMENT PLEADER SMT. K.MEERA R4 BY MR.K.P.DANDAPANI, SENIOR ADVOCATE THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 26/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy,Ag.C.J. & V.Giri, J. ---------------------------------------- W.A. No. 1139 of 2006 ---------------------------------------- Dated this the 26th day of February, 2009 Judgment Koshy, Ag.C.J. In the impugned judgment, the petitioner challenged the sale proceedings contending that proper advertisement was not made for sale of the property and sale price was very low. The learned Judge dismissed the writ petition as the petitioner-bank has filed an application to set aside the same and directed the first respondent to hear the petitioner-bank, buyer and defaulter and dispose of the bank's application to set aside the sale. We see no ground to interfere with the above direction. Appellant also can raise objection in the proceedings to set aside the sale. The appellant did not serve notice to third respondent as ordered on 3.7.2006 while condoning the delay and admitting the writ appeal. The following order was passed on 7.12.2006: “Counsel says that appropriate steps shall be taken to serve the third respondent within two days. List the matter for hearing when service is complete.” Even now, no steps were taken. On merit also, there is no merit in the appeal. Appeal dismissed. J.B.Koshy Acting Chief Justice V. Giri Judge vaa