IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 WP(C).No. 10667 of 2008(T) -------------------------- EP.192/2005 of ADL.SUB COURT, THALASSERY .................... PETITIONER(S): --------------- 1. CHEVIDANCHALIL MADHAVI, D/O.KANNAN, AGED 73 YEARS, RESIDING AT AGRASSERY QUARTERS, MAMBARAM AMSOM DESOM, KANNUR DISTRICT. 2. CHEVIDANCHALIL AJITHA, W/O.PANKAJAKSHAN, AGED 37 YEARS, RESIDING AT AGRASSERY QUARTERS, MAMBARAM AMSOM DESOM, KANNUR DISTRICT. 3. CHEVIDANCHALIL SATHI, D/O.MADHAVI, AGED 40 YEARS, RESIDING AT CHEVIDANCHALIL HOUSE, CHELORA AMSOM KAPAD DESOM, KANNUR DISTRICT. BY ADV. SRI.R.SURENDRAN RESPONDENT(S): --------------- 1. THE ASSISTANT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES, KANNUR. 2. THE CHOVVA CO-OPERATIVE RURAL BANK, CHOVVA, KANNUR DISTRICT, REPRESENTED BY THE SECRETARY, THE CHOVVA CO-OPERATIVE BANK, CHOVVA, KANNUR DISTRICT. R1, R2 BY ADV. SRI.P.V.SURENDRANATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.10667/08 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE AWARD DATED 29.10.2002 IN ARC.NO. 636/2002-03 PASSED BY THE FIRST ESPONDENT. EXT.P2: TRUE COPY OF THE E.P.192/05 ON THE FILE OF THE ADDITIONAL SUB COURT, THALASSERY. EXT.P3: TRUE COPY OF THE SALE NOTICE IN E.P.192/05 ON THEFILE OF ADDITIONAL SUB COURT, THALASSERY. EXT.P4: TRUE COPY OF THE RECEIPT DATED 4.4.2008 ISSUED BY THE SECOND RESPONDENT. EXT.P5: TRUE COPY OF THE RECEIPT DATED 15.5.2008 ISSUED BY THE SECOND RESPONDENT. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.10667 OF 2008 ------------------------------------------- Dated this the 2nd day of February, 2009 JUDGMENT The petitioners have paid the entire amounts due to the bank. The bank is also satisfied with the remittance. The sale in favour of the bank can necessarily go rather than force the petitioners to incur further expenditure. Under such circumstances, taking the petitioners' as an exceptional case, the sale proceedings under the sale certificate issued in E.P.192/05 by the Additional Sub Court, Thalassery are recorded as closed. That sale certificate also is quashed. The bank will release the documents within three weeks of receipt of a copy of this judgment. Since the deposits as aforesaid have been made under orders of this Court, the Court will release all such amounts to the bank. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.