JUDGMENT :

1. The applicant is the second defendant/Bank in C.S.No.42 of 2011. The respondents 1 & 2 are the plaintiffs in the suit and the third respondent is the first defendant in the suit.

2. Brief facts set out in the application are as follows:-

The applicant/Bank has filed an Original Application No.346 of 2007 before the Debts Recovery Tribunal against the first defendant/3rd respondent and others and obtained a recovery certificate for the sale of certain properties including plaint "A" schedule property for realizing the amounts declared to be dues. The plaintiffs are the sons of the first defendant and this suit has been filed for claiming partition of their alleged share in the said property, as per section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, [hereinafter referred to as the 'Act' for short], no Civil Court shall have the jurisdiction to entertain any suit or proceeding in respect of any matter which a Debts Recovery Tribunal or the Appellate Tribunal is empowered by under this Act to determine and no injunction shall be granted by any Court in respect of any action taken or to be taken in pursuance