RANJAN M. Vs. K. SAROJINI AMMA

JUDGEMENT

(1.) The appellants are the purchasers of immovable property in an auction sale conducted under the Rules in the Second Schedule of the Income Tax Act, 1961 (hereinafter referred to as 'the Rules').

(2.) The son of the first respondent had availed credit facility from the Canara Bank. The first respondent was the guarantor in that loan transaction and she had mortgaged her property 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.20956/2008 against the officers of the bank (the first and the second respondents in the writ petition) and her son (the third respondent in the writ petition) seeking the following reliefs:

(3.) It appears that, during the pendency of the above said writ petition, the property of the son of the writ petitioner, which was mortgaged to the bank, was sold in auction on 19.01.2011. The son of the 1st respondent had then filed O.P (DRT) No.1546/2011 before this Court for setting aside the sale and for re-conveyance of the property.