IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 WP(C).No. 9172 of 2005(P) ------------------------------------- O.S.167/1998 of SUB COURT, MUVATTUPUZHA .................... PETITIONER: ------------------ MINI RAJU, AGED 38 YEARS, W/O RAJU PHILIP GURUKAL, PANNIKOTTIL HOUSE, ELANJI P.O., ELANJI, ERNAKULAM. BY ADV. SRI.MATHEW ABRAHAM RESPONDENTS: ---------------------- 1. THE FEDERAL BANK LTD., ELANJI BRANCH REPRESENTED BY BRANCH MANAGER, ELANJI. 2. THE DEBT RECOVERY TRIBUNAL, ERNAKULAM. R1 BY ADV. SRI.K.ANAND (A.201) R1 BY ADV. SRI.B.S.KRISHNAN (SR.) R1 BY ADV. SMT.LATHA KRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2008, ALONG WITH W.P.(C).9130 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).Nos.9172/2005-P & 9130/2008-J = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 22nd day of July, 2008. JUDGMENT Though these matters relate to certain dispute regarding overlapping of the property brought to sale, vis-a-vis, the claim of a neighbour to a portion of that property, as of now, the learned counsel appearing for the petitioner in WP(C).9172/2005, who is the debtor, states that certain amounts have been paid and the transaction is being closed by paying the entire outstandings. This is recorded. The bank states through its learned counsel that the entire amounts have not been paid. The questions of due execution, discharge and satisfaction of a recovery order under recovery certificate are matters that could be considered and decided by the Recovery Officer at the first instance and not by this Court. WP(C)9172/05 & 9130/08 -: 2 :- Not only that, any dispute regarding overlapping and identity of property can also be considered by the Recovery Officer if such confusion still exists and he can get the assistance of appropriate experts for survey, if necessary. Leaving all such issues, these writ petitions are dismissed without prejudice to the stand of the bank that the entire amounts have not been paid. It is clarified that any sale proceedings will stand adjourned by four weeks as a last chance to enable the debtor to pay off the entire outstandings so that the Recovery Officer can record satisfaction of the recovery certificate. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/230708