IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 WP(C).No. 2214 of 2008(L) ------------------------------------ AGAINST THE ORDER DATED 18.10.2007 IN EA 227/07 IN EP 1138/04 IN OS.485/2002 OF PRINCIPAL MUNSIFF'S COURT.,IRINJALAKUDA .................... PETITIONER: ------------------- JESSY RODRIGUES, W/O. NADUVILAVEETTIL XAVIER RODRIGUES, MANJANAKKADU DESOM, NJARAKKAL VILLAGE,KOCHI TALUK. BY ADV. SRI.RAJESH CHAKYAT RESPONDENTS: ------------------------ 1. BHAGYAM KURIES PVT. LTD., IRINJALAKUDA VILLAGE DESOM, MUKUNDAPURAM TALUK, REPRESENTED BY MANAGING DIRECTOR. 2. DHANAMITHRA KURIES PVT. LTD., IRINJALAKUDA VILLAGE DESOM, MUKUNDAPURAM TALUK, REPRESENTED BY MANAGING DIRECTOR. 3. VINCENT RODRIGUES, S/O. KOLLAM VALIYAKATHUVEETTIL ALBY RODRIGUES, PADIYOOR VILLAGE, DESOM, MUKUNDAPURAM TALUK. 4. ALBY RODRIGUES, S/O. KOLLAM VALIYAKATHUVEETTIL GEORGE, PADIYOOR VILLAGE, DESOM, MUKUNDAPURAM TALUK. 5. JAYASENAN, S/O. KOOVELIVEETTIL MAMAN, PADIYOOR VILLAGE, DESOM, MUKUNDAPURAM TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J --------------------------------------------- W.P.(C) No.2214 of 2008 --------------------------------------------- Dated this the 18th day of January, 2008 JUDGMENT This petition is filed under Article 227 of the Constitution of India by a third party petitioner in E.A.No.227 of 2007 in E.P.No.1138 of 2004 in O.S.No.485 of 2002 on the file of the Principal Munsiff's Court, Irinjalakuda. Towards the realisation of the decree debt the properties were sold in court auction on 25.5.2005 and sale was confirmed on 13.2.2006. E.A.No.948 of 2005 filed by the judgment debtor to set aside the sale was dismissed. After dismissal of the said petition the sale was confirmed on 13.2.2006. It is thereafter the writ petitioner purchased the property from the judgment debtor on 8.6.2006 and filed the application claiming that the properties cannot be proceeded with. Petitioner has no right when he is an assignee from the judgment debtor, that too after confirmation of the sale. Writ petition is therefore dismissed. M.SASIDHARAN NAMBIAR, JUDGE vns