This writ petition throws open the issue whether a subsequent purchaser has a right to subrogate by redeeming the mortgaged property if his vendor defaults--so that he could save the property. The corollary to that issue is whether a writ petition can be taken recourse to for that purpose.

2. The petitioner is one of the seven persons, who purchased a piece of immovable property through Ext.P1 registered sale deed from the 5th respondent. The purchase was in the year 2007. Soon thereafter, the purchasers came across Ext.P2 notice issued by the third respondent Bank proposing to sell the property covered by Ext.P1 sale deed in the execution of an award it had obtained against the 5th respondent, the borrower and original title holder. Complaining that the respondent Bank is not allowing them to redeem the property and not returning the original title deeds, one of the purchasers has filed the writ petition.

3. The learned counsel for the petitioner has submitted that the petitioner and other purchasers initially did not know about the encumbrance of the property. He has further submitted that now the vendor, the 5th respondent, has no subsisting interest in the property.

4. T