IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 WP(C).No. 9592 of 2009(T) ------------------------- PETITIONER(S): ------------------ P.A.JOSE, S/O.ANTHONY, PAZHEDATHPARAMBIL, MURIYAD DESOM, MURIYAD VILLAGE, MUKUNDAPURAM TALUK, TRICHUR DISTRICT. BY ADV. SMT.E.V.MOLY RESPONDENT(S): ------------------- ARBITRATOR CUM SPECIAL SALE OFFICER/ ASST.REGISTRAR CO-OPERATIVE SOCIETIES/. THRISSUR DISTRICT CO-OPERATIVE BANK LTD, SAHAKARANA SHATABDI MANDIRAM, TUDA ROAD, THIRUVAMBADY P.O., THRISSUR - 680 022. GOVT.PLEADER SRI.K.C.SANTHOSH KUMAR SRI.P.C.SASIDHARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 9592 OF 2009 (T) ===================== Dated this the 11th day of June, 2009 J U D G M E N T The petitioner challenges the recovery proceedings initiated against him. Admittedly, petitioner is a defaulter to the Bank and the Bank proceeded against the mortgaged property after obtaining an award in its favour. The property was brought for sale and the sale has taken place on 26/3/2009. 2. In this writ petition, although this Court had also passed an order dated 27/3/2009 not to confirm the sale on the petitioner remitting the amount due in four instalments, it is the admitted position that even those instalments have not been paid. It is in these circumstances, the writ petition is coming up for final hearing. 3. The pleadings in the writ petition does not show that there is any illegality or irregularity in the proceedings initiated by the Bank resulting in sale of the mortgaged property. If that be the position, this Court will not be justified in interfering with the matter. That apart, in view of the admitted position that even the interim order of this Court has not been compiled with, I do not WPC 9592/09 :2 : think the petitioner deserves any further indulgence in this matter. Writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE Rp