IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 WP(C).No. 2873 of 2009(P) ------------------------- OA.115/2003 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER: --------------- MARIAMMA ABRAHAM, D/O.SOSAMMA,KAIPPALLIL HOUSE,VETTIKODE MURI, KATTANAM VILLAGE, MAVELIKKARA TALUK. BY ADV. MR.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) MR.A.R.DILEEP MS.SURYA SASI RESPONDENTS: ------------------ 1. FEDERAL BANK LTD.,ALUVA, REPRESENTED BY THE BRANCH MANAGER, MAVELIKKARA BRANCH 2. DEBTS RECOVERY APPELLATE TRIBUNAL, CHENNAI,REPRESENTED BY ITS REGISTRAR. 3. RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL (KERALA & LAKSHADWEEP),ERNAKULAM. ADV. MR.K.K. CHANDRAN PILLAI, SC FOR R1 GOVERNMENT PLEADER MR. BIJOY CHANDRAN FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 2873 OF 2009 P ```````````````````````````````````````````````````` Dated this the 3rd day of February, 2009 J U D G M E N T Petitioner was set ex-parte in a civil suit. Petitioner filed application for setting aside the ex-parte decree which was rejected by Ext.P1. Against Ext.P1, the petitioner preferred appeal before the Appellate Tribunal with a delay of 11 days. The complaint of the petitioner is that in the meantime the property of the petitioner is put up for sale. The sale is posted to 25.2.2009. 2. I heard learned counsel for the petitioner and learned counsel for the Bank. 3. In such circumstances, writ petition is disposed of as follows. If Ext.P4 is allowed, there will be a direction to the 2nd respondent to consider and take a decision on Ext.P3 within two weeks from the date of passing orders on Ext.P4. (K.M.JOSEPH, JUDGE) aks