IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 WP(C).No. 33860 of 2008(E) ----------------------------------------- PETITIONER(S): ------------------------- 1. RAMLATH BEEVI W/O. LATE HANEEFA, CHALOMKARIKKATH VEEDU, VALIYAKANDOM, KATTAPPANA P.O. 2. AJAS, AGED 13 YEARS,MINOR, REPRESENTED BY MOTHER,RAMLATH BEEVI, W/O. LATE HANEEFA, CHALOMKARIKKATH VEEDU, VALIYAKANDOM,KATTAPPANA P.O. 3. AJMAL, AGED 9 YEARS, MINOR, REPRESENTED BY MOTHER,RAMLATH BEEVI, W/O. LATE HANEEFA, CHALOMKARIKKATH VEEDU, VALIYAKANDOM,KATTAPPANA P.O. 4. SUMATHI, W/O.KUTTAPPAN, CHEMBAKASSERIYIL HOUSE, KATTAPPANA P.O. 5. PAUL VARGHESE, EDINJAKUZHIYIL HOUSE, VALIYAKANDOM, KATTAPPANA. BY ADV. SRI.P.VIJAYAKUMAR RESPONDENT(S): ---------------------------- 1. MANAGER, CENTRAL BANK OF INDIA, PALLIMUKKU BRANCH, ERNAKULAM. 2. VENU NAIR, VENU VILAS,VALIYAKANDOM, KATTAPPANA P.O,IDUKKI DIST. Kss ..2/- ...2...... WPC.NO.33860/2008 E 3. SARASAMMA V NAIR, W/O.VENU NAIR, VENU VILAS, VALIYAKANDOM, KATTAPPANA. 4. THANKAMMA BHASKARA KURUP, ASHOKA BHAVAN, ANGADICAL, VADAKKEKAR, CHENGANNOOR, PATHANAMTHITTA DIST. 5. AUGUSTINE C.P., CHEMBANKUNNEL HOUSE, KATTAPPANA SOUTH P.O., NOW WORKING AS CASHIER, UNION BANK OF INDIA,ARAKULAM BRANCH,IDUKKI-DISTRICT. 6. DEBT RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL, ERNAKULAM. 7. DEBT RECOVERY TRIBUNAL ERNAKULAM, REPRESENTED BY ITS REGISTRAR. ADV.SRI. DEVAN RAMACHANDRAN FOR R1 SRI.A.C.DEVASIA FOR R2 & R3 SRI.VARGHESE C.KURIAKOSE FOR R5 SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GENERAL FOR R6 & R7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.33860/2008 E APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF SALE DEED DTD. 7/08/90. EXT.P2: COPY OF DEATH CERTIFICATE DTD. 4/12/99. EXT.P3: COPY OF SALE DEED DTD. 20/04/92. EXT.P4: COPY OF SALE DEED DTD. 5/3/92. EXT.P5: COPY OF SALE DEED DTD. 19/08/95. EXT.P6: COPY OF SALE DEED DTD. 29/05/96. EXT.P7: COPY OF TAX RECEIPT DTD. 26/08/08. EXT.P8: COPY OF SALE DEED DTD. 29/05/96. EXT.P9: COPY OF TAX RECEIPT DTD. 5/05/08. EXT.P10: COPY OF SALE NOTICE. EXT.P11: COPY OF APPEAL FILED 7TH RESPONDENT DTD.13/11/08. EXT.P12: COPY OF ORDER OF 6TH RESPONDENT DTD. 22/10/98. EXT.P13: COPY OF ORDER OF 6TH RESPONDENT DTD. 3/11/08. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.33860 of 2008-E = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 16th day of January, 2009. JUDGMENT The petitioners have moved this Court seeking interference with sale proceedings held under the RDB Act. As a condition for stay at the stage of admission, the petitioners were directed to pay an amount of Rs.2.5 lacs which the bank was to maintain in a no-lien account. That has been done. The petitioners have not been able to work out any settlement with the 5th respondent, the auction purchaser. Obviously, therefore, the petitioners have to prosecute their appeal pending before the DRT. It is pointed out that regular sittings of the DRT, K & L would be had at least in a couple of weeks. Under such circumstances, this writ petition is ordered directing that the interim order of stay granted in this case will continue for a period of three WP(C)33860/2008 -: 2 :- months from today to enable the DRT to list up the appeal of the petitioners for consideration and disposal in accordance with law. It is also clarified that the DRT will be at liberty to pass even interlocutory orders either contradicting the terms of this judgment or otherwise. The money deposited by the petitioners and maintained by the bank in the no-lien account would be dealt with in accordance with the directions of the DRT. The petitioners will produce a copy of the writ petition along with a copy of this judgment before the Registrar of the DRT. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/200109