The first defendant in O.S. No. 195 of 22008 on the file of the District Munsifcum-Judicial Magistrate Court, Kodaikanal is the revision petitioner. The first respondent herein filed the above suit for a declaration that the common order passed in I.A. Nos. 819 to 821 of 2008 in R.P. NO. 280 of 2007 in DRC No. 15 of 2005 in TA NO. 698 of 2007 dated 25.8.2008 by the Recovery Officer, Debt Recovery Tribunal, Madurai is in contravention of the provision of Rule 11 of the Second Schedule to the Income Tax Act 1961 consequentially set aside the said order and other consequential proceedings.

2. The revision petitioner is a Nationalized Bank, filed O.S. No.76 of 1987 on the file Subordinate Court, Periyakulam against the first respondent and others for recovery of Rs.37,64,328.55/-on the basis of the loan availed by the defendants and mortgage executed by the defendant and in that suit, preliminary decree was passed on 20.3.1991 and final decree was passed on 19.7.1996 in I.A. No.543 of 1993 in O.S. No. 76 of 1987 and as per the final decree, mortgaged properties are directed to be sold for the purpose of realization of the amount payable to the revision petitioner bank. There