KUNHAMBU K Vs. PRESIDING OFFICER, DEBT RECOVERY TRIBUNAL

JUDGEMENT

(1.) Petitioners in this case have sought for a declaratory relief to declare that the auction proceedings held on 30-3-1999 by the second respondent in respect of the immovable property bearing T.S. No. 666/100, R.S. No. 95/100 of Ward No. 6 known as "Laxmi Nilaya" situated opposite Gandhinagar Park, Gandhinagar, Mannagudda, Mangalore measuring about 30 cents relating to patta No. 192 pursuant to the order dated 8-5-1998 passed by the first respondent in O.A. No. 977 of 1997 as illegal and further sought for a direction to declare that the order dated 8-5-1998 made in the above said original application by the Debt Recovery Tribunal as illegal vide Annexures-A and B. Further, reliefs sought for at prayer columns (b), (c) and (d) are not all required to be considered in this writ petition, as the same cannot be granted having regard to the facts and circumstances of this case.

(2.) Certain relevant facts, which are necessary for the purpose of considering and answering the rival contentions of the parties are briefly stated as hereunder:

(3.) The second petitioner who is the landlady of property bearing T.S. No. 66/100, R.S. No. 95/100 of Ward No. 6 known as "Laxmi Nilaya", situated opposite Gandhinagar Park, Gandhinagar, Mannagudda, Mangalore stood as guarantor to the first petitioner in respect of the said transaction.