1. The main question urged for a decision in this Original Petition is whether a suit could be withdrawn form the civil court and transferred to the Debit Recovery Tribunal (for short, “the DRT”) constituted under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (for short, “the DRT Act”) for disposal along with an application made to the DRT under Sec.17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, “the SARFAESI Act”)?. Incidentally, the question whether trial of the suits pending in the civil court should be stayed until the application is disposed of by the DRT or vice versa also raised for a decision.

2. The 2nd respondent is said to have sold 16.350 cents out of a total of 18.40 Ares tot eh 1st respondent as per two sales deed dated 29.07.2005 and 30.06.2007. 1st respondent filed suit in the Munsiff’s Court, Thiruvalla (later transferred to the Sub Court, Thiruvalla and re-numbered as O.S.No.77 of 2009) against the 2nd respondent for a decree for prohibitory injunction against trespassing into the suit property (16.350 cents). In that suit the 2nd respondent filed Ext.P3,