IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 WP(C).No. 1571 of 2008(K) ----------------------------------- PETITIONERS: -------------------- 1. MS.AMITHA VARGHESE, AGED 28 YEARS, D/O.T.V.VARGHESE, THEKKEKARA HOUSE, CHULLIKKAL, KOCHI-5. 2. MS.SWEATHA VARGHESE, AGED 25 YEARS, D/O.T.V.VARGHESE THEKKEKARA HOUSE, CHULLIKKAL, KOCHI-5. BY ADV. SRI.C.J.JOY SRI.KURIAKOSE G.THEKKEL RESPONDENTS: ---------------------- 1. THE DENA BANK, MATTANCHERRY BRANCH, REPRESENTED BY ITS MANAGER, KOCHI. 2. DR.T.V.VARGHESE, PROPRIETOR, ST.LUKE'S HOSPITAL, CHULLIKKAL, KOCHI-5. 3. MRS.ANNAMMA VARGHESE, THEKKEKARA HOUSE, CHULLIKKAL, KOCHI-5. 4. THE RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL, ERNAKULAM. R1 BY ADV. SRI.K.N.SIVASANKARAN SRI.SUNIL SHANKER R4 BY ADV. SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 1571/2008 APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE WILL DT. 29/07/91 EXECUTED IN FAVOUR OF THE PETITIONERS BY THEIR GRAND FATHER. EXT.P2. COPY OF THE BASIC TAX RECEIPT DT. 25/08/2006 ISSUED TO THE PETITIONERS FROM THE VILLAGE OFFICE, THOPPUMPADI BY THE PETITIONERS. EXT.P3. COPY OF THE POSSESSION CERTIFICATE DT. 1/6/02 ISSUED TO THE PETITIONER BY THE VILLAGE OFFICER. EXT.P4. COPY OF THE ENCUMBRANCE CERTIFICATE DT. 21/08/2007 ISSUED TO THE PETITIOENRS FROM THE KOCHI SRO. EXT.P5. COPY OF THE SURVEY SKETCH DT. NIL PERTAINING TO THE PROPERTIES OF PETITIONERS AND THE R2. EXT.P6. COPY OF THE IA NO. 35/2008 DT. 7/1/2008 FILED BY THE PETITIONERS BEFORE THE R4. RESPONDENT'S EXHIBITS NIL. True copy tga THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.1571 of 2008-K = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 21st day of January, 2008. JUDGMENT Learned counsel for the petitioners submits that the copy of the order passed on I.A.35/2008 by the Recovery Officer has been issued only on 18- 1-2008 and received by the learned counsel for the petitioners only today. The petitioners have a right of appeal against that order. Under such circumstances, this writ petition is disposed of preserving the interim order granted on 11-1-2008 till 18-2-2008. It is clarified that the parties, including the petitioners, shall ensure that status-quo is maintained regarding the land and building in question. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/