2025:KER:30393 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 17564 OF 2024 PETITIONER: DEVASSYKUTTY, AGED 71 YEARS, S/O.OUSEOPH (LATE), THANNIKKAPARAMBIL, NEELISWARAM KARA, KALADY VILLAGE, ALUVA TALUK, ERNAKULAM, PIN – 683574. BY ADVS. S.SUNIL KUMAR (PALAKKAD) LEKSHMI S.SEKHER FEMY M.ANTONY K.J.SUNIL RESPONDENTS: 1 STATE BANK OF INDIA, STRESSED ASSETS RECOVERY BRANCH, VANKARATH TOWERS, 7TH FLOOR, PALARIVATTOM, BYE PASS JUNCTION, ERNAKULAM. REPRESENTED BY ITS AUTHORISED OFFICER, PIN – 682024. W.P.(C)No.17564 of 2024 :2: 2025:KER:30393 2 RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL-I, 5TH FLOOR, KSHB BUILDING, PANAMPILLY NAGAR, ERNAKULAM, PIN – 682036. 3 M/S.THALIATH JEWELLERS PRIVATE LTD, 39/5039-A, CHURCH LANDING ROAD, PALLIMUKKU, KOCHI, ERNAKULAM. REPRESENTED BY ITS PROPRIETOR GEORGE JOSEPH, PIN – 682016. 4 GEORGE JOSEPH, AGED 66 YEARS, S/O.T.V.JOSEPH (LATE), FLAT NO-7 A, SHANTI RIVAL DALE, THYKOODAM KARA, POONITHURA VILLAGE, KANAYANNUR TALUK, ERNAKULAM, PIN – 682019. 5 MINI GEORGE, AGED 56 YEARS, W/O.GEORGE JOSEPH, FLAT NO-7 A, SHANTI RIVAL DALE, THYKOODAM KARA, POONITHURA VILLAGE, KANAYANNUR TALUK, ERNAKULAM, PIN – 682019. BY ADVS. SRI.JITHESH MENON, STANDING COUNSEL SRI.GEORGEKUTTY MATHEW SRI.R.PREM SANKAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.17564 of 2024 :3: 2025:KER:30393 J U D G M E N T Dated this the 8th day of April, 2025 The petitioner states that he is aggrieved by issuance of Ext.P3 proclamation of sale issued by the 2nd respondent. The petitioner states that he is a bona fide purchaser of property from the borrower. The petitioner obtained Ext.P2 decree. However, the petitioner is not able to enjoy the fruits of the decree, on account of the proceedings initiated by the Bank. 2. Be that as it may, I find that based on the purchase, the petitioner has already filed Ext.P4 claim before the Recovery Officer, DRT-I, Ernakulam. Standing Counsel for the Bank submits that the Bank has also filed an interim application before the Sub Court, Paravur for lifting the attachment order obtained by the petitioner. W.P.(C)No.17564 of 2024 :4: 2025:KER:30393 3. Be that as it may, as the claim filed by the petitioner is pending before the Recovery Officer, it would be only just and proper that the Recovery Officer considers the same and takes appropriate decision thereon in accordance with law. The writ petition is therefore disposed of directing the 2nd respondent or the Tribunal, whoever is competent, to consider the claim filed by the petitioner and pass appropriate orders thereon expeditiously. Sd/- N. NAGARESH JUDGE ams W.P.(C)No.17564 of 2024 :5: 2025:KER:30393 APPENDIX OF WP(C) 17564/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT IN OS NO- 30/2021 FILED BEFORE THE HONBLE SUB COURT, NORTH PARAVUR Exhibit P2 TRUE COPY OF THE DECREE IN OS NO- 30/2021 OF HONBLE ADDITIONAL SUB COURT NORTH PARAVUR DATED 19.10.2023 Exhibit P3 TRUE COPY OF THE PROCLAMATION OF SALE IN DRC NO-3253 IN OA NO-134/2009 ISSUED BY THE RESPONDENT NO-2 DATED 14.03.2024 Exhibit-P4 TRUE COPY OF THE CLAIM PETITION WITHOUT EXHIBITS AS IA NO:28/2025 IN DRC NO:3253/2010 IN OA NO:134/2009 FILED BEFORE DEBT RECOVERY TRIBUNAL-I ERNAKULAM DATED 22.02.2025 Exhibit-P1 TRUE COPY OF THE TRANSLATION OF EXHIBIT-P1 Exhibit-P2 TRUE COPY OF THE TRANSLATION OF EXHIBIT-P2