High Court of KeralaOP(C)/2563/2014disposed of

Y.Subbanna Alva v. Peria S.C.Bank Ltd

2015-06-03Honourable Mr. Justice B.Kemal Pasha3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 3RD DAY OF JUNE 2015/13TH JYAISHTA, 1937 OP(C).No. 2563 of 2014 (O) --------------------------- (EP.NO. 177/2013 OF PRL.MUNSIFF COURT, KASARAGOD) ------------------- PETITIONER :

---------------------- Y. SUBBANNA ALVA, AGED 71 YEARS, S/O.Y. CHIKKAPPA ALVA, R/AT ENMAKAJE HOUSE, PERLA POST, ENMAKAJE VILLAGE, KASARAGOD.

BY ADV. SRI.S.JIJI RESPONDENT :

-------------------------- THE PERLA SERVICE CO-OPERATIVE BANK LTD., NO.C-3377,PERLA, ENMAKAJE VILLAGE, PERLA P.O., KASARAGOD -671 552, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.JAWAHAR JOSE SRI.ARUN AJAY SHANKAR THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 03-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

OP(C).No. 2563 of 2014 (O) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 COPY OF THE E.P. NO. 177/2013 DATED 30/6/2013 EXHIBIT P2 COPY OF THE E.A.NO.166/2014 ALONG WITH DOCKET ORDER DATED 21/8/2014 EXHIBIT P3 COPY OF THE WARRANT OF SALE OF PROPERTY DATED 26/8/2014 EXHIBIT P4 COPY OF THE SALE PROCEECDING DATED 1/10/2014 EXHIBIT P5 COPY OF THE LETTER ISSUED BY THE DEPUTY COLLECTOR , SPECIAL CELL FOR REHABILITATION OF THE ENDOSULFAN VICTIMS DATED 19.7.2014 EXHIBIT P6 COPY OF THE GOVERNMENT ORDER DATED 16/6/2014 RESPONDENT(S)' EXHIBITS ---------------------------------------- EXHIBIT R(1) COPY OF THE LOAN APPLICATION SUBMITTED BY THE PETITIONER DATED 27/12/2005.

EXHIBIT R(2) COPY OF THE GOVERNMENT ORDER DATED 10/10/2014 /TRUE COPY/ P.A.TO JUDGE sts

B.KEMAL PASHA, J.

==================== O.P.(C). No.2563 of 2014 ===================== Dated this the 3rd day of June, 2015

J U D G M E N T

Heard learned counsel for the petitioner.

2. The petitioner is a 71 year old senior citizen. Considering the submissions made by the learned counsel for the petitioner, this Court is also of the view that an opportunity can be granted to the petitioner to pay off the decree debt in four equal monthly instalments commencing from 02.07.2015. In case of default of any of the instalments, the sale would stand confirmed.

This Original Petition (Civil) is disposed of as above. Sd/- B.KEMAL PASHA JUDGE DSV/3/6/15