IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 WP(C).No. 22840 of 2008(R) -------------------------- OA.241/1998 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER: ------------ ANUGRAHA CHARITABLE TRUST, CHOTTOOR ROAD, ERNAKULAM -18, REPRESENTED BY ITS SECRETARY R. GOPINATHA NAIK. BY ADV. SMT.R.RANJINI RESPONDENTS: ------------- 1. THE RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL OFFICE OF THE RECOVERY OFFICER, 8TH FLOOR, K.S.H.B. BUILDING, PANAMPILLY NAGAR. 2. SRI.A.N. BHAT, S/O LATE NARAYANA BHAT, II/524, T.D.SOUTH EAST STREET, KOCHI 682 002. 3. SMT. ANITHA A BHAT, W/O A.N.BHAT, C.C. NO. VIII/761,SOUTH CHERLAI, KOCHI - 682 002 4. SRI. N.M.BHAT, S/O NARAYAN BHAT, VIII/524, T.D. SOUTH EAST STREET, KOCHI 682 002. 5. INDIAN BANK, BRANCH OFFICE, W.ISLAND, KOCHI- 682 003, REPRESENTED BY ITS MANAGER. R5 BY ADV.SRI.S.EASWARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.22840 OF 2008 ------------------------------------------- Dated this the 6th day of August, 2008 JUDGMENT Having regard to the nature of the order being issued hereunder, notice to respondents 2 to 4 dispensed with, preserving their right to move for review of this judgment, if aggrieved. Adv.Sri.S.Easwaran appears for the 5th respondent. 2. Read interim order dated 29.7.2008. The first respondent has placed a report through the learned counsel for the 5th respondent in a sealed cover. On perusal, it is seen that on completion of various periods of stay granted by different authorities, including by the Presiding Officer, Debts Recovery Tribunal; Debts Recovery Appellate Tribunal and by this Court, the issues have been finally settled in W.A.No.492/08 and that certain petitions are again filed by certain third parties. It is also stated that a suit is also filed. WPC.22840/08 Page numbers 3. The recovery officer will ensure that delivery of actual physical possession shall be effected within a fortnight from now, unless there are any interdicting orders from any competent courts. It is clarified that this order does not preclude the right of any parties before any competent forum to agitate proceedings in accordance with law. The writ petition is ordered accordingly. Petitioner is free to place a copy of this judgment before the first respondent for compliance. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.6/8.