IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 WP(C).No. 4539 of 2008(M) ------------------------- DRC.1734/2007 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER: --------------------- ANNAKUTTY, W/O.JACOB, PICHAPILLI HOUSE, THEKKEPUNNAMATTOM KARA, KADAVOOR VILLAGE. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: ------------------------- 1. THE BRANCH MANAGER, FEDERAL BANK LTD., KALLOOR BRANCH, KALLOORKADU. 2. JOMON JACOB, S/O.JACOB, PICHAPILLIL HOUSE, SOUTH PUNNAMATTOM, KADAVOOR P.O., ERNAKULAM DISTRICT. 3. M/S.JMT ENTERPRISES, SOUTH PUNNAMATTOM, KADAVOOR P.O., REPRESENTED BY MANUEL JACOB. 4. THE RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL, KERALA BRANCH, ERNAKULAM. 5. V.K.ABDUL SALAM, S/O.KOCHAHAMMED, VADAKKEKUDIYIL HOUSE, POYYASSERRY P.O., PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR R4 BY GOVERNMENT PLEADER SRI. BENJAMIN PAUL R1 BY ADV. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS SRI.L.RAM MOHAN R5 BY ADV.SRI.C.KHALID SRI.N.GOPINATHA PANICKER SRI.R.O.MUHAMED SHEMEEM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.NO.4539/2008 M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PARTITION DEED DTD. 4/09/1995 BEARING NO.2415/1995 OF THE SUB REGISTRY OFFICE, POTHANICAD. EXT.P2: COPY OF THE SALE DEED NO.63/1999 DTD. 14/01/1999 OF THE SUB REGISTRY OFFICE, POTHANICAD. EXT.P3: COPY OF THE DOCUMENT DTD. 23/11/2000 BEARING NO. 2094/1/2000 OF THE SUB REGISTRY OFFICE, POTHANICAD. EXT.P4: COPY OF THE APPLICATION AND AFFIDAVIT FILED IN SUPPORT THEREOF, BY THE PETITIONER BEFORE THE 4TH RESPONDENT IN THE MONTH OF MAY 2006 IN DRC 1734. EXT.P5: COPY OF I.A.NO.2177/2007 IN DRC 1734 AND THE AFFIDAVIT FILED IN SUPPORT THEREOF, DTD. 26/12/2006 BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXT.P6: COPY OF I.A.NO.2178/2007 IN DEC 1734 AND THE AFFIDAVIT FILED IN SUPPORT THEREOF, DTD. 26/12/2007, BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXT.P7: COPY OF OBJECTION FILED BY THE 1ST RESPONDENT IN EXT.P6. EXT.P8: COPY OF JUDGMENT DTD. 17/01/2008 IN WP(C) NO. 2105/2008 OF THIS HON'BLE COURT. EXT.P9: COPY OF THE AUCTION NOTICE DTD. 4/12/2007 ISSUED BY THE 4TH RESPONDENT. /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.4539 OF 2008 ------------------------------------------- Dated this the 27th day of March, 2008 JUDGMENT This writ petition is filed on the allegation that a claim petition filed by the petitioner before the Recovery Officer of the Debts Recovery Tribunal was dismissed, however, that she is disabled from seeking any interim relief from the DRT on any appeal against that order since at that point of time, the Recovery Officer was on leave. As of now, the situation has changed. I do not, therefore, find any ground to further retain this writ petition. This writ petition is accordingly dismissed without prejudice to contentions, however, directing that the interim order of stay granted on 7.2.2008 to continue for a fortnight from today, to enable the petitioner to seek any interlocutory order in any appeal before the DRT. It is also clarified that the DRT will consider entertaining the appeal and deciding it on merits, as also passing any interlocutory order, untrammeled by anything stated in this judgment. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.