Mariamma Abraham vs Federal Bank Ltd. on 3 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 2873 of 2009(P)


1. MARIAMMA ABRAHAM, D/O.SOSAMMA,KAIPPALLIL
                      ...  Petitioner

                        Vs



1. FEDERAL BANK LTD.,ALUVA, REPRESENTED BY
                       ...       Respondent

2. DEBTS RECOVERY APPELLATE TRIBUNAL,

3. RECOVERY OFFICER, DEBTS RECOVERY

                For Petitioner  :SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.M.JOSEPH

 Dated :03/02/2009

 O R D E R
                           K.M. JOSEPH, J.

             ````````````````````````````````````````````````````
                   W.P.(C) No. 2873 OF 2009 P
             ````````````````````````````````````````````````````
             Dated this the 3rd day of February, 2009

                            J U D G M E N T

Petitioner was set ex-parte in a civil suit. Petitioner

filed application for setting aside the ex-parte decree which was

rejected by Ext.P1. Against Ext.P1, the petitioner preferred appeal

before the Appellate Tribunal with a delay of 11 days. The

complaint of the petitioner is that in the meantime the property of

the petitioner is put up for sale. The sale is posted to 25.2.2009.

2. I heard learned counsel for the petitioner and learned

counsel for the Bank.

3. In such circumstances, writ petition is disposed of as

follows.

If Ext.P4 is allowed, there will be a direction to the 2nd

respondent to consider and take a decision on Ext.P3 within two

weeks from the date of passing orders on Ext.P4.

(K.M.JOSEPH, JUDGE)
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