IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 WA.No. 1679 of 2009 --------------------- AGAINST THE JUDGEMENT IN WPC.24470/2007 Dated 25/03/2009 .................... APPELLANTS: PETITIONER & ADDL.PETITIONERS ------------------------------------------------------ 1. SUJIR KESAV NAIK (DIED). 2. SUJIR DINESH NAYAK, S/O.LATE SUJIR KESAV NAYAK, AGED 56 YEARS, KASTHOORI BUILDING, CHURCH GATE RECLAMATION, MUMBAI-400 020. 3. SUJIR ANANTH NAYAK, S/O.LATE SUJIR KESAV NAYAK, AGED 48 YEARS, KASTHOORI BUILDING, CHURCH GATE RECLAMATION, MUMBAI-400 020. 4. SUJIR SAROJINI NAYAK, W/O LATE SUJIR KESAV NAYAK, AGED 75 YEARS, KASTHOORI BUILDING, CHURCH GATE RECLAMATION, MUMBAI-400 020. 5. SUJIR SURESH NAYAK, S/O.SUJIR KESAV NAYAK, AGED 56 YEARS, KASTHOORI BUILDING, CHURCH GATE RECLAMATION, MUMBAI-400 020.(APPELLANTS 2 TO 5 ARE REP.BY P/A HOLDER N.RAMANKUTTY NAIR,SHYLUM,30 ARADHANA NAGAR, ULIYAKOVIL, KOLLAM). BY ADV. SRI.T.M.CHANDRAN SRI.S.SUJITH SRI.V.A.SASIDHARAN SRI.JOSEPH ALBIN NEDUNTHALLY RESPONDENTS/RESPONDENTS: ---------------------------------- 1. CANARA BANK, THAMARAKULAM BRANCH, KOLLAM, REPRESENTED BY THE MANAGER. WA NO. 1679/09 2. MATHEW FRANCIS, KATTOOKKARAN HOUSE, MANALOOR POST, THRISSUR. 3. RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL PANAMPILLY NAGAR, ERNAKULAM. 4. SMT.GEETHANJALI PAI, SUJIR VILLA, MUNDAKKAL, KOLLAM-1, NOW RESIDING AT U.S.A., REP.BY HER POWER OF ATTORNEY HOLDER, P.K.GOPALAKRISHNA PILLAI, PULIMOOTTU PUTHEN VEEDU, KANNIMEL CHERRI, KILIKOLLOOR, KOLLAM. R1 BY SRI.C.K. KARUNAKARAN, SC. R2 BY ADV.SRI.G.SREEKUMAR(CHELUR), R3 BY SR. GOVT. PLEADER, SRI.BENJAMIN PAUL. R4 BY ADV. SRI. SUBASH CHANDRA BOSE. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 10/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & Kurian Joseph, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1679 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of August, 2009 JUDGMENT S.R.Bannurmath, C.J. The appellants have approached this Court with the following prayers by filing WP(C) No.24470 of 2007: “i. call for the records relating to Exts.P1 to P15; ii. issue a writ of certiorari to quash Ext.P2 order dated 03.11.06 and direct the respondent No.3 to dispose of Ext.P1 petition afresh after hearing all the parties concerned; iii. issue a writ of certiorari to quash Exts.P13, P14 and P15 and pass appropriate orders as this Hon'ble Court deems fit; iv. stay all further proceedings in pursuance of Ext.P2 order dated 03.11.06 and set aside the sale and subsequent proceedings; v. issue an injunction restraining the respondents from alienating/encumbering and committing waste in the property 2.21 acres in Survey No.314/1 in Chiyyaram Village, Trichur District.” 2. In recovery proceedings action was initiated in respect of a land measuring 2.21 acres with a building in Survey No.314/1 in Chiyyaram Village, Thrissur. After WA No.1679/09 -:2:- auction proceedings were initiated, even during the pendency of the auction, the petitioners' attempt to prolong the proceedings have failed and thereafter as long as on 03.11.2006, auction sale has been conducted and the same has been confirmed after about two months, i.e. on 17.01.07 and even their attempt to set aside the sale has also failed. The learned Single Judge noticing that the appellants' claims are all extinct and as the appellants were aware of the auction proceedings, the averment that Ext.P1 application was not considered is held to be untenable and in view of the same, the learned Single Judge, in our view, is justified in rejecting the prayers in the writ petition. We do not find any good ground to interfere with the same. Hence the writ appeal is dismissed. S.R. Bannurmath, Chief Justice. Kurian Joseph, Judge. ttb WA No.1679/09 -:3:-