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TMI Blog2019 (8) TMI 741X X X X Extracts X X X X X X X X Extracts X X X X ..... ies to raise all their contentions, including the question regarding maintainability of the appeal and the review petition, before the authorities concerned. Additional respondents in the appeals has requested that a direction may be given to the Tribunal to dispose of the appeal pending before it only after the disposal of the review petition which was filed by the writ petitioner before the Recovery Officer. The review petition filed by the writ petitioner against the dismissal if already not disposed of, shall be disposed of by the Recovery Officer within a period of two months from today. Writ petitioner before the Tribunal shall be disposed of by the Tribunal only after disposal of the aforesaid review petition. The appeal shall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... perty to the bank. On default made in repayment of the loan amount, the bank instituted O.A.No.311/2001 before the Debt Recovery Tribunal, Ernakulam (hereinafter referred to as 'the Tribunal') for realisation of the loan amount. The Tribunal passed an ex parte order against the first respondent and her son for realisation of the loan amount with interest. The first respondent filed an application to set aside the ex parte order, but it was dismissed by the Tribunal. Thereafter the bank initiated execution proceedings for realisation of the amount. The Recovery Officer in the Tribunal published Ext.P6 proclamation for sale and put the property of the son of the first respondent in auction. Then the first respondent filed W.P.(C) No.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n also in the writ petition, on the ground that he was absconding and the prayer in that regard was accepted by the learned Single Judge. Accordingly, the learned Single Judge disposed of W.P.(C) No.20956/2008 and O.P (DRT) No.1546/2011 as per the impugned judgment in W.A.No.1861/2015, by issuing direction to the Tribunal to dispose of the Appeal No.13/2012, within a period of four months from the date of the judgment. The auction purchasers, who were subsequently impleaded in the writ petition as additional respondents 4 and 5, have filed the appeal W.A.No.1861/2015 challenging the aforesaid judgment. 5. The appellants herein had filed a petition seeking review of the judgment in the writ petition impugned in W.A.No.1861/20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9. At this juncture, a recapitulation of the events that occurred after the filing of the writ petition is necessary. The proclamation for sale of the property of the son of the writ petitioner was made on 06.12.2010. The auction sale was conducted on 19.01.2011. The writ petitioner filed an application as I.A.No.721/2011 for setting aside the sale, before the Recovery Officer. The said application was dismissed on 22.03.2011. The sale was confirmed on 29.03.2011. The writ petitioner filed Appeal No.13/2012 on 06.09.2012 before the Tribunal for setting aside the confirmation of sale. She had also filed an application as I.A.No.2461/2012 to review the order in I.A.No.721/2011. In the application for review, the writ petitioner deposited the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... review and the appeal, untrammeled by any of the observations made in the impugned judgment. It would be proper for the parties to raise all their contentions, including the question regarding maintainability of the appeal and the review petition, before the authorities concerned. 13. Learned counsel for the additional respondents in the appeals has requested that a direction may be given to the Tribunal to dispose of the appeal pending before it only after the disposal of the review petition which was filed by the writ petitioner before the Recovery Officer. 14. Consequently, the impugned judgment in W.P.(C) No.20956/2008 is modified as follows: The review petition filed by the writ petitioner against the di ..... X X X X Extracts X X X X X X X X Extracts X X X X
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