IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 WP(C).No. 5760 of 2009(L) ------------------------- OA.120/2002 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER(S): --------------- C.C.SEBASTIAN, S/O.CHERIAN, AGED 60 YEARS, RESIDING AT CHERUVALLATH HOUSE, KEEZHARIYOOR P.O., KOYILANDY TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.V.J.JAMES RESPONDENT(S): --------------- 1. THE DHANALAKSHMI BANK LTD, KARIMBAMNAL ARCADE, FORT, THIRUVANANTHAPURAM. REPRESENTED BY ITS CHIEF MANAGER. 2. M/S.NATIONAL EDUCATIONAL RESEARCH CENTRE, PROPRIETOR, C.C.ABRAHAM, OPPOSITE POLICE PARADE GROUND, THYCAUD, THIRUVANANTHAPURAM - 695 014. 3. MR.C.C.BABY, S/O.CHERIAN, RESIDING AT CHERUVALLATH HOUSE, KEEZHARIYOOR P.O., KOILANDY TALUK, KOZHIKODE DISTRICT. 4. MRS.MOLY ABRAHAM, H.NO.79, C.C.NAGAR, PERURKADA, THIRUVANANTHAPURAM. 5. MR.C.C.JOSE, S/O.CHERIAN, RESIDING AT CHERUVALLATH HOUSE, KEEZHARIYOOR P.O., KOILANDY TALUK, KOZHIKODE DISTRICT. 6. THE RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL, ERNAKULAM. R1 BY ADV.SRI.C.K.KARUNAKARAN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.5760 OF 2009 ------------------------------------------- Dated this the 20th day of February, 2009 JUDGMENT The petitioner states that he has placed Ext.P2 before the Debts Recovery Tribunal claiming that entire property covered by Ext.P1 cannot be put to sale in as much as he claims right over certain parcel thereof. The petitioner states that he is neither the guarantor nor the borrower. He, accordingly, sought for in Ext.P2 an order demarcating and fixing boundaries. These are all matters to be worked out by the Recovery Officer, who is also empowered to change the sale, if needed. It is not for this Court to pass orders at this 11th hour directing the DRT to pass orders on Ext.P2 even at or before the time fixed for sale as per Ext.P1. The writ petition is, hence, dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.21/2.