IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 5TH OCTOBER 2010 / 13TH ASWINA 1932 WP(C).No. 29082 of 2010(I) --------------------------------------- OA.250/2001 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER(S): ------------------------ M/S. MAHAMOOD STORES, KAVERI BUILDINGS, CLOTH BAZAR ROAD, ERNAKULAM, KOCHI-682 031 REPRESENTED BY ITS MANAGING PARTNER M. IBRAHIMKUTTY BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT(S): --------------------------- 1. STATE BANK OF TRAVANCORE, REPRESENTED BY ITS BRANCH MANAGER, BORADWAY BRANCH. ERNAKULAM, COCHIN-682 011. 2. KOCHUMOIDEEN, AGED 60 YEARS, S/O. KUNJUMOHAMMED, MANAPURATH, RESIDING AT C.C.NO.44/926-A, MASS MANSION, L.F.C. ROAD, NEAR PUTHIYA ROAD, KALOOR, COCHIN-682 025. R1 BY ADV. SRI.SATHISH NINAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C. K. ABDUL REHIM, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 29082 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 5th day of October, 2010 JUDGMENT Challenge in this writ petition is against Ext.P6 order of the Debts Recovery Tribunal, Ernakulam. By the said order, an interlocutory application filed by the 1st respondent was allowed, to the effect of permitting the bank to release one item of property, which is 'B' schedule in the O.A. belonging to the 10th respondent therein (2nd respondent herein). 2. In a statement filed on behalf of the 1st respondent it is mentioned that pursuant to the order of the Debts Recovery Tribunal, the title deed of the property was returned to the bank from the Debts Recovery Tribunal and it was already handed over to the 2nd respondent on 8-9- 2010. 3. Under the above circumstances, I am of the opinion that no relief can be granted in this writ petition. However, it is made clear that the petitioner will be at liberty to W.P.(C) No. 29082/2010 2 challenge Ext.P6 order before the appellate authority,if permissible under law. Reserving such right, this writ petition is dismissed. C. K. ABDUL REHIM, JUDGE. mn.