IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 W.A.No. 492 of 2008 -------------------- AGAINST THE JUDGEMENT IN WPC.9725/2007 Dated 29/11/2007 .................... APPELLANTS /PETITIONERS : 1. A.N.BHAT, S/O.LATE NARAYANA BHAT, VIII/524, T.D.SOUTH EAST STREET, KOCHI - 682 002. 2. ANITHA A.BHAT, W/O.A.N.BHAT, C.C.NO.VIII/761, SOUTH CHERLAI, KOCHI 682 002. 3. N.N.BHAT, S/O.NARAYANA BHAT, VIII/524, T.D.SOUTH EAST STREET, KOCHI 682 002. BY ADV. SRI.P.R.VENKETESH RESPONDENTS /RESPONDENTS : 1. ANUGRAHA CHARITABLE TRUST, CHITTOOR ROAD, ERNAKULAM 18, REPRESENTED BY ITS SECRETARY, R.GOPINATHA NAIK. 2. THE RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL, OFFICE OF THE RECOVERY OFFICER, 8TH FLOOR, K.S.H.B. BUILDING, PANAMPILLY NAGAR. 3. INDIAN BANK, BRANCH OFFICE, W.ISLAND, KOCHI - 682 003. R1 BY ADV. R.D. SHENOY (SR), & ADV. SMT. R. RANJINI. R3 BY ADV. SRI. S. EASWARAN. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L. DATTU, C.J. & K.M. JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - WRIT APPEAL No. 492 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of March, 2008. JUDGMENT H.L.DATTU, CJ, This appeal is directed against the orders passed by the learned Single Judge in W.P.(C) No. 9725 of 2007 dated 29.11.2007. The learned Single Judge has rejected the writ petition and that is how the petitioner in the writ petition is before us in this writ appeal. 2. The first respondent in the appeal is the contesting respondent. It is that respondent, who has purchased the property in public auction held by the Recovery Officer, Debt Recovery Tribunal. 3. May be, after a little persuasion from us, the appellants and the first respondent have agreed to settle the lis between themselves and have come to some sort of understanding and the same is reflected in the statement of undertaking filed by them before this Court. The same is as under: “The above appeal filed against the judgment of the learned Single Judge in the writ petition challenging Exts.P5, P9 and P10 orders have now been settled between the appellants and the 1st respondent in the following manner: The entire claim and dispute arising in the proceedings before the DRT, Ernakulam between the appellants and the first respondent auction purchaser would stand settled. It is agreed that the first respondent, Anugraha Charitable Trust, the auction purchaser, would execute a gift deed to convey the property having an W.A.492/2008. 2 extent of 2.33 cents in Sy.No.323/3 t Mattancherry Village with the building standing thereon and execute sale deed to convey the property having an extent of 3.782 cents with building therein in the same survey No.323/3 of Mattancherry Village to a nominee as suggested by the appellants within a period of three months from today, on the appellants paying a sum of Rs.7.50 lakhs (Rupees seven lakhs and fifty thousand only). It is agreed by the appellants that the stamp duty incurred for the above shall be borne by them. It is also agreed that the vacant possession of other property having an extent of 23.25 cents of land in Survey No.300/1 at Mattancherry Village, with the building thereon with all the amenities attached to the building including electricity and water connection, which is now occupied by the appellants, will be handed over to the auction purchaser, the first respondent after clearing all statutory liabilities, due if any over the property, within three months from today. The appellants withdraw all their claims over the land having an extent of 23.25 cents in Sy.No.300/1 with the building. This undertaking being self working, in the event of non-compliance of the terms herein agreed to, the first respondent will be at liberty to move the Debt Recovery Tribunal, Ernakulam for getting physical vacant possession of the entire property involved in this case. It is therefore humbly submitted that the above writ appeal may be closed recording this undertaking and appropriate orders be passed.” 4. Placing on record the statement of undertaking filed by the appellants as well as the first respondent, we dispose of this writ appeal without going into the merits or demerits of the writ appeal. 5. Before parting with the case, we place on record our deep appreciation for the concern, the kindness and the good gesture shown by the W.A.492/2008. 3 respondent Charitable Trust and their learned counsel to save a family who were thrown out from their only shelter. Ordered accordingly. H.L. DATTU, CHIEF JUSTICE K.M. JOSEPH, JUDGE sb/DK.