Manjula Chellur, C.J.

1. This appeal is filed against the interim order dated 6/9/2013 passed by a learned Single Judge of this Court in O.P.(DRT) No.2931 of 2013. According to the appellant Bank, the learned Single Judge was not justified in granting the said interim order, staying confirmation of sale till further orders in respect of one item of property which is sought to be sold in auction scheduled to be held on 11/9/2013 under SARFAESI proceedings. It is not in dispute that the appellant Bank has taken resort to SARFAESI proceedings as well as the proceedings under RDBI Act. It is also not in dispute that questioning the debt recovery proceedings initiated by the appellant Bank, matters are pending before the Debt Recovery Tribunal wherein similar grounds are raised by the respondent borrower but the Debt Recovery Tribunal did not agree with those grounds.

2. Meanwhile, possession of the property was taken over by the appellant Bank. However, party is allowed to reside in the residential premise till the property is sold in auction by the respondent Bank and the said concession was extended by the Debt Recovery Tribunal. When the sale is scheduled to be conducted