IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 OP (DRT).No. 2786 of 2011(O) ---------------------------- OA.NO.283/2004 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONERS ---------------------- 1. JOBIN JOYICE,AGED 31 YEARS, S/O.JOYCE,ELAMTHOTTAM HOUSE, CHIRAKKADAVU VILLAGE, KANJIRAPPALLY,KOTTAYAM. 2. JERIN JOYCE,AGED 29 YEARS, S/O.JOYCE,ELAMTHOTTAM HOUSE, CHIRAKKADAVU VILLAGE, KANJIRAPPALLY,KOTTAYAM. BY ADV. SRI.LAVARAJ M.G. RESPONDENT(S): --------------------------- 1. DEBT RECOVERY TRIBUNAL, KERALA AND LAKSHADEEP,ERNAKULAM.PIN- 682 036. 2. RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL, KERALA AND LAKSHADEEP.PIN- 682 036. 3. SHERLY EVUGIN, W/O.LATE JOSE EVUGIN, CHIRAYIL HOUSE,ETTUMANOOR,KOTTAYAM.PIN- 686 631. 4. STATE BANK OF TRAVANCORE, PALA BRANCH,KOTTAYAM, REPRESENTED BY ITS BRANCH MANAGER.PIN- 686 575. R3 BY ADV. SRI.K.J.SAJI ISAAC THIS OP (DEBT RECOVERY TRIBUNAL) HAVING BEEN FINALLY HEARD ON 21/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts OP(DRT)NO.2786/2011 APPENDIX PETITIONER'S EXHIBITS EXT. P1 TRUE COPY OF THE NOTICE ISSUED BY THE DRT ERNAKULAM TO THE PETITIONERS TO APPEAR BEFORE THE HON'BLE DRT IN I.A. 2991/2010 IN APPEAL NO.38/2010. EXT.P2 TRUE COPY OF THE AD-INTERIM ORDER DT.11.11.2010 OF THE HON'BLE DRT IN I.A. 2991/2010 IN APPEAL 38/2010. RESPONDANTS'S EXHIBITS : NIL /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. ------------------------------------------- O.P.(DRT) No. 2786 OF 2011 ---------------------------------------------- Dated this the 21st day of October, 2011 JUDGMENT The petitioners are respondents in Appeal No.38/2010 pending before the Debts Recovery Tribunal, Ernakulam. They are auction purchasers of properties put for sale by the Recovery Officer of the Debts Recovery Tribunal. The said appeal has been filed by the borrower against orders of the Recovery Officer in the sale proceedings pursuant to a decree of the Debts Recovery Tribunal. The petitioners submit that the petitioners have already parted with their money and they are not getting either the property or their money. The borrower has not complied with the conditions prescribed by the Appellate Tribunal and the Recovery Officer, despite granting sufficient time to pay those amounts. According to the petitioners, if the disposal of the appeal is prolonged, it would cause great prejudice to the petitioners. The petitioners, therefore, seek expeditious disposal of Appeal No.38/2010 pending before the Debts Recovery Tribunal, Ernakulam. O.P.(DRT)No.2786/11 2 2. Despite service of notice on respondents 3 and 4, they have not filed any objections in the matter. The O.A. itself is of the year 2004. Therefore, I am of opinion that it is only appropriate that the Tribunal disposes of the appeal expeditiously. Accordingly, I dispose of this Original Petition (DRT) with a direction to the Debts Recovery Tribunal, Ernakulam to dispose of Appeal No.38/2010 pending before it, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE acd O.P.(DRT)No.2786/11 3 O.P.(DRT)No.2786/11 4