IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 16TH FEBRUARY 2011 / 27TH MAGHA 1932 OP (DRT).No. 907 of 2010(O) --------------------------- IA 3062/2010 IN TDRC NO.25 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONERS ------------------- 1. SNEHAPPAN, S/O.THANKAPPAN, AGED 52 YEARS, PUTHENPARAMBIL, 11/260A, ANU NIVAS, KARUVATTA VILLAGE, KARUVATTA VADAKKUM MURI, KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT. 2. KANAKAMMA, W/O.SNEHAPPAN, AGED 47 YEARS, PUTHENPARAMBIL, 11/260A, ANU NIVAS, KARUVATTA VILLAGE, KARUVATTA VADAKKUM MURI, KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT. BY ADVS. SRI.T.MADHU SRI.B.K.RAJAGOPAL RESPONDENT(S): ------------------------- 1. ORIENTAL BANK OF COMMERCE, PANAJI BRANCH, GOA REPRESENTED BY ITS MANAGER. 2. THE RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL, ERNAKULAM 682036. ADDL.RESPONDENTS NO.3 TO 8 IMPLEADED ---------------------------------------------------------------- ADDL. R3. PRASHOBINI VASUDEVAN, W/O.LATE R.VASUDEVAN, PUTHENPARAMBIL HOUSE, KARUVATA VILLAGE, KARUVATTA PANCHAYATH KARUVATTA P.O., ALAPPUZHA DISTRICT. “ R4. PRASANTHA VASUDEVAN W/O.LATE R.VASUDEVAN PUTHENPARAMBIL HOUSE, KARUVATA VILLAGE, KARUVATTA PANCHAYATH KARUVATTA P.O., ALAPPUZHA DISTRICT. OP (DRT).No. 907 of 2010(O) -------------------------------------- ADDL. R5. PRABITHA, D/O.LATE R.VASUDEVAN PUTHENPARAMBIL HOUSE, KARUVATA VILLAGE, KARUVATTA PANCHAYATH KARUVATTA P.O., ALAPPUZHA DISTRICT. ADDL.R6. VARSHA, D/O.LATE R.VASUDEVAN PUTHENPARAMBIL HOUSE, KARUVATA VILLAGE, KARUVATTA PANCHAYATH KARUVATTA P.O., ALAPPUZHA DISTRICT. ADDL. R7. VEENA, D/O.LATE R.VASUDEVAN PUTHENPARAMBIL HOUSE, KARUVATA VILLAGE, KARUVATTA PANCHAYATH KARUVATTA P.O., ALAPPUZHA DISTRICT. ADDL.R8. SHARON, S/O.LATE R.VASUDEVAN PUTHENPARAMBIL HOUSE, KARUVATA VILLAGE, KARUVATTA PANCHAYATH KARUVATTA P.O., ALAPPUZHA DISTRICT. ADDITIONAL RESPONDENTS NO.3 TO 8 ARE IMPLEADED AS PER ORDER DATED 13.12.10 IN IA NO17328/10 OP (DRT) 907/10. R1 BY ADV. SRI.K.P.SUJESH KUMAR, SC THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 16/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK C.K.ABDUL REHIM, J. ------------------------------- O.P.(DRT)No.907 of 2010 ------------------------------- Dated this the 16th day of February, 2011. J U D G M E N T Petitioners claim to be a bonafide purchasers of the property covered under Ext.P1 sale deed, which is now put for sale through Ext.P2 proclamation, for realising debt due to the first respondent. It is the case of the petitioners that the property in question is not liable to be proceeded against. In this regard, the petitioners have submitted Ext.P3 claim before the second respondent. Grievance of the petitioners is that the claim petition was posted for consideration by the second respondent on 29.11.2010. But before considering and disposing the claim petition, the second respondent had proclaimed sale of the property on 30.11.2010. 2. It is conceded by both sides that the sale scheduled on 30.11.2010 was adjourned and no fresh sale has been proclaimed. Under such circumstances, I am of the view that 2 O.P.(DRT)No.907 of 2010 interest of justice will be served if the 2nd respondent is directed to consider Ext.P3 claim petition and to dispose of the same after affording an opportunity of hearing of the petitioners, before issuing any further proceeding for sale of property in question. 3. Therefore, this writ petition is disposed of directing the second respondent to consider and dispose of Ext.P3 at the earliest possible, after affording an opportunity of hearing to all the parties concerned. Further proclamation of sale with respect to the property in question shall be made only after disposal of the claim petition. 4. The above directions shall be complied with as expeditiously as possible, at any rate within a period of one month from the date of receipt of a copy of this judgment. C.K.ABDUL REHIM, Judge ami/