IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 WA.No. 396 of 2009 -------------------- AGAINST THE JUDGEMENT IN WPC.2297/2009 Dated 21/01/2009 .................... APPELLANT/PETITIONER: --------------------------- K.MOHAMMED, S/O. ALI HAJEE, KOTTEKKADAN HOUSE, KUTHUKAL ROAD, MANJERI, MALAPPURAM. BY ADV. SRI.S.RAMESH BABU RESPONDENTS/RESPONDENTS: ---------------------------------- 1. DHANALAKSHMI BANK LIMITED, CALICUT MAIN BRANCH, CHINTHAVALAPPU, KOZHIKODE. 2. THE RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL FOR KERALA AND LAKSHADWEEP, 8TH FLOOR KSHB BUILDING, PANAMPILLY NAGAR, ERNAKULAM. 3. U.T. UMMER, AGED 51 YEARS, S/O. SHRI UNNIYADRU, RESIDING AT PUTHANPURAKKAL HOUSE, P.P. ROAD, THANDUPARAKKAL P.O., WANDOOR, MALAPPURAM. R1 BY SRI.C.K.KARUNAKARAN,SC,DHANALAKSHMI BANK R3 BY ADV. SRI.BABU S. NAIR THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 396 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of August, 2009 JUDGMENT Basheer, J. Appellant/petitioner who is stated to be the guarantor in a loan transaction has filed this appeal questioning the correctness of the judgment passed by the learned Single Judge in WP(C) No.2297 of 2009. 2. It is the admitted position that the Bank (respondent No.1) had put the property mortgaged by the appellant to sale on October 23, 2008. The sale in favour of the auction purchaser (respondent No.3) was confirmed later, on December 12, 2008 as is evidenced by Ext.P5. The learned Single Judge, adverting to the above and all other relevant aspects of the matter, had refused to grant any reliefs to the appellant/petitioner, in our view, rightly. 3. When this appeal is taken up today, it is brought to our notice by respondent No.3 that, the property in question has changed many more hands and that it is too late in the WA No.396 of 2009 -:2:- day for the appellant at this stage to try to put the clock back. There is considerable force in the above contention. Admittedly, the appellant had not taken any steps to get the sale set aside at the earliest point of time. Having regard to the entire facts and circumstances of the case, we do not find any illegality or infirmity in the order passed by the learned Single Judge. There is no merit in any of the contentions raised in the appeal and it is accordingly dismissed. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb WA No.396 of 2009 -:3:-