High Court of KeralaWP(C)/19134/2015disposed of

Prakashan v. Special Sale Officer, Tirurangadi Co-Op. Agri. Urban Development Bank

2015-07-243 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 24TH DAY OF JULY 2015/2ND SRAVANA, 1937 WP(C).No. 19134 of 2015 (N) ---------------------------- PETITIONER(S):

----------------- PRAKASHAN, AGED 85 YEARS S/O.KRISHNAN, RESIDING AT PARAMBIL HOUSE VALLIKKUNNU P.O., MALAPPURAM DISTRICT.

BY ADVS.SRI.HARISH R. MENON SRI.K.T.SHYAMKUMAR RESPONDENT(S):

------------------ 1.

SPECIAL SALE OFFICER TIRURANGADI CO-OP. AGRICULTURAL URBAN DEVELOPMENT BANK TIRURANGADI, MALAPPURAM DISTRICT-676 306.

Addl.2.

THE MANAGER TIRURANGADI CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK TIRURANGADI, MALAPPURAM DISTRICT - 676 306.

(ADDL.R2 IMPLEADED AS PER ORDER DATED 21.07.2015 IN IA 10430/15.) R2 BY ADV. SRI.V.G.ARUN R2 BY ADV. SRI.T.R.HARIKUMAR R BY GOVERNMENT PLEADER SMT.LILLY LISLIE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 19134 of 2015 (N) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- EXT.P1. TRUE COPY OF THE RECEIPT OF THE EVIDENTCING PAYMENT OF RS.90,000/- DATED 19/4/2010.

EXT.P2. TRUE COPY OF THE SALE NOTICE ISSUED BY THE 1ST RESPONDENT EXT.P3. TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT RESPONDENT(S)' EXHIBITS : NIL.

------------------------------ //TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.19134 of 2015 --------------------- Dated this the 24th day of July, 2015

J U D G M E N T

The petitioner confines his relief to easy instalments to pay the amount due and to defer the coercive steps in the meanwhile.

2. I permit the petitioner to pay the amount due in 8 equal monthly instalments starting from 31.8.2015. It is reported that the sale has already been conducted pursuant to Ext.P2 notice. But the sale has nevertheless not been confirmed in favour of the second respondent Bank.

3. The sale shall not be confirmed if the petitioner complies with the conditions in time. The sale can be confirmed and further steps taken if the petitioner commits default in any one of the instalments.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.