M ETHIRAJ Vs. HONBLE DEBT RECOVERY TRIBUNAL II

JUDGEMENT

(1.) This writ petition is filed by the petitioner praying for a Writ of Prohibition to prohibit the first respondent/Debt Recovery Tribunal-II from passing orders in O.A.No. 73 of 2004 on its file till the disposal of the appeal in M.A. No. 353 of 2010 on the file of Debt Recovery Appellate Tribunal, Chennai.

(2.) We have heard Mr. K. Moorthy, learned counsel for the petitioner, Mr. M.V. Chandran for the second respondent/Bank and Mr. Antony Selvan for the sixth respondent.

(3.) The brief facts of the case are that Arulmighu Kolavizhi Amman Temple, Mylapore, Chennai 4 filed a civil suit in C.S. No. 914 of 1989 before this Court against one Dhakshinamurthy and his brothers for recovery of amount. Though the petitioner was an occupant of the temple land, he has not been shown as defendant in the suit. After contest, the suit was decreed whereby a decree of declaration was issued in favour of the temple on 20.02.2009. In the meantime, the sixth respondent seems to have obtained a power of attorney from Dhakshnamurthy and his brothers and claimed himself to be the owner of the above said lands and on furnishing the temple property as security on behalf of the respondents 3 to 5, he obtained a loan of Rs.5,00,000/- from the second respondent bank. Aggrieved by the non-payment of the loan amount, the second respondent bank filed O.S. No. 3675 of 1999 on the file of the VII Additional Judge, City Civil Court, Chennai and obtained an exparte decree on 29.10.2001 for a sum of Rs.9,48,777.50 together with interest from the date of the plaint namely 28.10.1995 till the date of realisation along with costs of Rs.25,061.50. As the loan was not repaid and the jurisdiction came to be vested with the Debt Recovery Tribunal, Chennai, the bank has filed O.A. No. 73 of 2004 before the first respondent/Tribunal for issuance of a recovery certificate and sale of the property. The petitioner, claiming that the mortgaged property is the property belonged to Arulmighu Kolavizhi Amman Temple, Mylapore, Chennai and that the petitioner is one of the tenants under the temple land, has filed I.A. No. 762 of 2009 in O.A. No. 73 of 2004 before the first respondent/Tribunal to delete the property leased out to him from the purview of recovery proceedings. The said I.A. No. 762 of 2009 was dismissed by the Tribunal on 13.04.2010. Aggrieved by the same, the petitioner has filed M.A. No. 353 of 2010 before the Debt Recovery Appellate Tribunal and the same is pending.