High Court of KeralaOP(C)/2167/2014disposed of

Madhavan Namboodiri v. Kottacherry Service Co-Operative Bank Ltd.

2015-02-26Honourable Mr.Justice P.Bhavadasan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN THURSDAY, THE 26TH DAY OF FEBRUARY 2015/7TH PHALGUNA, 1936 OP(C).No. 2167 of 2014 (O) -------------------------------------- EP.124/2011 OF SUBORDINATE COURT, HOSDURG -------------------- PETITIONERS:

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1. MADHAVAN NAMBOODIRI, AGED 52 YEARS, S/O. T.ESHWARAN NAMBOODIRI, MADHURAKATT AJANUR VILLAGE, HARIPURAM P.O., KANHANGAD KASARAGOD DISTRICT.

2. NARAYANAN P., AGED 49 YEARS S/O. LATE CHANDU A., MADIYAN, AJANUR VILLAGE MANIKOTH P.O., KANHANGAD, KASARAGOD DISTRICT. BY ADVS.SRI.RAHUL SASI SMT.NEETHU PREM RESPONDENTS:

---------------------- KOTTACHERRY SERVICE CO-OPERATIVE BANK LTD.

NO. L.L 156, KOTTACHERRY, BALA VILLAGE KANHANGAD P.O., HOSDURG TALUK, KASARGOD DISTRICT PIN 673001.

BY ADV. SRI.A.ARUNKUMAR THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 26-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(C).No. 2167 of 2014 (O) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1TRUE COPY OF THE EXECUTION PETITION E.P.NO. 124 OF 2011 FILED BEFORE THE SUB-JUDGE, HOSDURG EXHIBIT P2TRUE COPY OF THE ORDER DATED 31-07-2014 IN E.P.NO. 124 OF 2011 BEFORE THE SUB JUDGE, HOSDURG.

EXHIBIT P3TRUE COPY OF THE LOAN STATEMENT IN LOAN NO. 2005-2006 AVAILED BY THE PETITIONERS HEREIN RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

P.BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - O.P.(C) No. 2167 of 2014 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of February, 2015

J U D G M E N T

This is a petition seeking relief against the proceedings of sale which has been effected in pursuance to the decree against the petitioner. The petitioner points out that he is willing to pay the balance decree debt in instalments. 2.

The learned standing counsel appearing for the Bank pointed out that the sale has been completed and stamp papers have been purchased by the Bank. If, in case this Court is inclined to grant relief to the petitioner, that may also be taken note of and appropriate orders be passed. 3.

The decree debt as on date is 92,480/- and the ₹ value of the stamp paper is 25,150/-. The petitioner is ₹ given an opportunity to pay the said amount in instalments as follows:

The petitioner shall pay the decree amount plus value of the stamp paper in ten equal monthly instalments; the

O.P.(C) No. 2167 of 2014 -2first of which shall be paid on or before 25.03.2015 and subsequent instalments shall be effected on or before 25th of every succeeding month. If any one of the instalments is defaulted, proceedings in execution shall continue. The Bank will be allowed to withdraw the excess amount paid. Sd/- P.BHAVADASAN JUDGE ds //True copy// P.A. to Judge