IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 WA.No. 2283 of 2008() ----------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.32696/2008 Dated 24/11/2008 .................... APPELLANT(S): PETITIONER: ------------------------- SOMARAJAN, 'ULLAS BHAVAN", PEZHUKONAM, CHEERANKAVU, EZHUKONE P.O., KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): RESPONDENTS: --------------------------- 1. INDIAN BANK, HEAD OFFICE, NO.31, RAJAJI SALAI, CHENNAI REPRESENTED BY GENERAL MANAGER. 2. INDIAN BANK, KOLLAM BRANCH, REPRESENTED BY MANAGER. 3. THE DEBTS RECOVERY APPELLATE TRIBUNAL, 4TH FLOOR, INDIAN BANK CIRCLE OFFICE BUILDING NO.57, ELIRAJ SALAI, EGMORE, CHENNAI. 4. THE DEBTS RECOVERY TRIBUNAL, (KERALA & LAKSHADWEEP), ERNAKULAM. ADDL. R5 IS IMPLEADED. 5. KHADIJA, AGED 20 YEARS, D/O. MOHAMMED BASHEER, POKATTU, KUTTIATTOM P.O., KARUNAGAPPILLY, KOLLAM ADDL. R5 IS IMPLEADED AS PER ORDER DT. 28.11.2008 ADV. SRI.S.EASWARAN FOR R1 & R2 ADV. SRI.P.SANJAY FOR ADDL.R5 SRI.A.PARVATHI MENON FOR ADDL.RES. SRI.BIJU MEENATTOOR FOR ADDL.RES. SRI.JINU JOSEPH FOR ADDL.RES. SRI. M.C.SEN(SR) THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28/11/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- W.A.No.2283 of 2008 ------------------------------------- Dated 28th November, 2008 JUDGMENT Koshy,J . Appellant/petitioner approached this court to direct the Debts Recovery Tribunal to take up S.A.No.154 of 2008 for hearing and till a decision is taken, refrain from selling the 72 cents of land by the recovery officer. Learned Judge disposed of the writ petition directing the Debts Recovery Tribunal to take up S.A.No.154 of 2008, hear the parties and take a decision in the matter in accordance with law, within a period of ten weeks from the date of production of a copy of the judgment before it. There was also a direction that tenders received can be opened after 1.12.2008 and that the sale can be confirmed in accordance with law, but, confirmation of the sale will be subject to the result of S.A.154/2008. Appellant is concerned with the lateral part of the direction. 2. Heard parties. 3. In the circumstances of the case, we agree with the direction of the learned single Judge to take up S.A.No.154 of 2008 and dispose of it within a period of ten weeks from the date of production of a copy of the judgment before it. With regard to the second part of the direction, we make W.A.2283/2008 2 it clear that even though tenders can be opened after 1.12.2008, sale can be confirmed only after the judgment in S.A.No.154 of 2008. The appeal is disposed of accordingly. J.B.KOSHY JUDGE THOMAS P. JOSEPH JUDGE tks