IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA No. 492 of 2008()
1. A.N.BHAT, S/O.LATE NARAYANA BHAT,
... Petitioner
2. ANITHA A.BHAT, W/O.A.N.BHAT,
3. N.N.BHAT, S/O.NARAYANA BHAT, VIII/524,
Vs
1. ANUGRAHA CHARITABLE TRUST, CHITTOOR ROAD
... Respondent
2. THE RECOVERY OFFICER, DEBT RECOVERY
3. INDIAN BANK, BRANCH OFFICE,
For Petitioner :SRI.P.R.VENKETESH
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice K.M.JOSEPH
Dated :28/03/2008
O R D E R
H.L. DATTU, C.J. & K.M. JOSEPH, J.
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WRIT APPEAL No. 492 of 2008
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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
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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.