IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 OP (DRT).No. 3440 of 2011(O) ------------------------------------------ DRC. NO.2737/SIB IN OA.206/2005 of DEBT RECOVERY TRIBUNAL, ERNAKULAM (KERALA & LAKSHADWEEP). .................... PETITIONER ------------------ MURALEEDHARAN,AGED 38 YEARS, S/O.KUNHIKRISHNAN NAIR, KURUNGOTTU HOUSE,KAYANNA BAZAR POST, PERAMBRA,CALICUT. BY ADV. SRI.L.RAJESH NARAYAN RESPONDENT(S): ------------------------- 1. THE MANAGER, SOUTH INDIAN BANK,MAIN BRANCH, JAIL ROAD,KOZHIKODE 673 001. 2. RECOVERY OFFICER,DRT, 5TH FLOOR,KSHB BUILDING, MANORAMA JUNCTION, ERNAKULAM 682 036 3. ABDUL NASSAR P.P, S/O.AHAMMED KOYA HAJI, P.P.HOUSE,MOORIYAD,CHALAPPURAM, KOZHIKODE 673 002 4. P.K.RAVI VARMA, S/O.LATE M.S. RAVI, KASTHUBHAM,28/2439, CHEMBAKARA HOUSING COLONY,NELLIKODE P.O., KOZHIKODE,NOW AT SREE NIKETHAN,P.O.THIRUVANNOOR NADAS KOZHIKODE 673 029 5. SMT.INDIRA RAVI VARMA, W/O.LATE M.S.RAVI,KAUSTHUBHAM,28/2439, CHEMBAKARA HOUSING COLONY,NELLIKODE P.O, KOZHIKODE NOW AT SREE NIKETHAN,P.O.THIRUVANNOOR NADAS KOZHIKODE 673 029. 6. SMT.SARASWATHY AMMA, W/O.LATE P.K.VARMA, SREE NIKETHAN,P.O. THIRUVANNOOR NADAS, KOZHIKODE 673 029. BY ADV. SRI.K.K.JOHN, SC THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 25/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(DRT)3440/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE RECEIPT DTD. 12.3.2010. P2:- COPY OF THE RECEIPT DTD. 24.3.2010. P3:- COPY OF THE JUDGMENT DTD. 29.10.2010. P4:- COPY OF THE APPLICATION DTD. 10.10.2011. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - O.P. (DRT) No.3440 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of October, 2011 J U D G M E N T The petitioner is the purchaser of certain properties sold by the Recovery Officer of the Debts Recovery Tribunal. He has paid the entire sale consideration for the same. But the petitioner is in an unenvious situation insofar he has parted with his money but at the same time he is unable to enjoy the property which he paid the money because of the pendency of the proceedings before the Debts Recovery Tribunal. There is no end in sight for the proceedings before the Debts Recovery Tribunal. Therefore, the petitioner wants to withdraw from the sale. The petitioner has therefore filed Ext.P4 application before the Recovery Officer of the Debts Recovery Tribunal. The petitioner seeks expeditious disposal of the same. 2. I have heard the counsel for the 1st respondent Bank also. O.P. (DRT) No.3440 of 2011 -2- In the nature of the order I propose to pass, I do not think it necessary to issue notice to the other respondents. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 2nd respondent to consider and pass orders on Ext.P4, as expeditiously as possible, at any rate, within a period of three weeks from the date of receipt of a copy of this judgment. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/