The first respondents husband and others running a business under the name and style Messrs. R.A.V. Textiles Private Limited and they availed financial facilities from Indian Overseas Bank, Oppanakara Street, Coimbatore. Proceedings were initiated before the Debt Recovery Tribunal, Coimbatore in T.A.No.562 of 1997 and the same was transferred to the Debt Recovery Tribunal, Chennai II, and renumbered as 172 of 2001. On 310. 2001, the plaintiff bank filed a memo informing the Court that the defendants jointly and severally undertake to pay the balance under One Time Settlement (OTS).

.2. Transfer Application No.780 of 2002 was filed before the Debt Recovery Tribunal at Coimbatore by Indian Overseas Bank arraying the above said establishment, R.A. Vairam, Anbalagan, Subramanian (since deceased), Venugopal, V. Kalyani and others. The final order was passed in the said application on 24.09.2003 directing to issue recovery certificate. Inter alia, it is stated in this proceedings that neither the defendants appeared nor represented by their counsel on 05.08.2003 and 14.08.2003 and hence they were called absent on 14.08.2003, set ex-parte and D-3 was already set ex-parte on 110. 1997.

3. Thereafter, Recovery Officer issued order of attachment of immovable property belonging to the company and then a notice for settling proclamation of sale was also issued.

4. The guardian of the first respondent S. Kalyani, whose husband is R.A. Vairam; Latha and Kavitha are their daughters. Murugavel, aged about 29 years is stated to be mentally ill and physically disabled person, who is under the intensive supervision of psychiatrist and neurologist. The said Kalyani has filed M.H.O.P.No.22 of 2009 on the file of the District Judge, Namakkal, under Section 50, 51, 52, 53, 54 and 61 of the Mental Health Act 1987, for the reliefs of appointing her as guardian for her son Murugavel, for permanent injunction restraining the recovery by the Tribunal and 4thand 5th respondents in the petition viz., the present petitioner and Recovery Officer, Coimbatore, from disturbing their peaceful possession and enjoyment of the mentally ill and physically handicapped Murugavel and to stay all further proceedings initiated by the Recovery officer of the Debt Recovery Tribunal, Coimbatore.

5. The said Kalyani also filed an application in I.A.No.20 of 2009 under Section 65 of the Mental Health Act, 1987, praying the Court to stay all further proceedings in evicting the petitioner mentally ill and physically handicapped Murugavel from the schedule mentioned house till the disposal of the M.H.O.P. The learned District Judge, Namakkal has granted an ex-parte stay order, of course with the reasons in favour of the petitioners therein, against the recovery officer and this petitioner. This petitioner had purchased the property in auction sale on 29.08.2008. The said stay order is challenged before this Court.

.6. Learned counsel for the petitioner Ms. P.T. Asha would contend that inasmuch as Kalyani had been facing and engaging herself in the litigations for over 12 years she is precluded from filing this application as she has not projected the identical circumstance viz., mental illness of Murugavel in the recovery proceedings and it is too late for her to come forward with the M.H.O.P. which is only to stall the further proceedings and prevent the petitioner from enjoying the fruit of court auction sale.

7. Per contra, Mr. R. Subramanian, learned counsel for the first respondent would state that the Court below only on appreciation of medical certificate issued by the doctor has satisfied itself and then granted stay.

8. Along with the M.H.O.P., a medical certificate was produced, issued by Dr. T.V.S. Velayutham, a Psychiatrist on 23. 2009. The following are the contents of the said Certificate.

"Medical Certificate This is to certify that Mr. V. Murugavel Son of Mr. R.A. Vairam, residing at 5, Appavu Mudaliar Lane, Pavadi Street, Tiruchengode, aged 29