IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 W.P(C).No. 27089 of 2008(Y) -------------------------- PETITIONER: ----------- APPUKKUTTAN, S/O. VELAPPAN, KODAPPULLI HOUSE, CHAZHOOR VILLAGE, THRISSUR. BY ADV. SMT. MUMTAZ SHUMSUDDIN RESPONDENTS: ------------ 1. THE THRISSUR DISTRICT CO-OPERATIVE BANK LTD., ANTHIKKAD BRANCH, REP. BY ITS SECRETARY, ANTHIKKAD, THRISSUR. 2. THE SPECIAL SALE OFFICER, THRISSUR DISTRICT CO-OPERATIVE BANK, HEAD OFFICE, THRISSUR. 3. STATE OF KERALA , REP. BY THE SECRETARY TO GOVERNMENT, CO-OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY SMT. ANU SIVARAMAN, SR. GOVERNMENT PLEADER-R2 & R3 SRI.T.R. HARIKUMAR, SC-R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.27089 OF 2008 ------------------------------------------- Dated this the 5th day of September, 2008 JUDGMENT Learned counsel for the first respondent submits that sale has already taken place following the impugned notification based on the arbitration award and execution proceedings. I find no jurisdictional error or legal infirmity in the impugned sale notice. Hence, it is directed that it the petitioner appears before the first respondent and deposits one half of the outstandings within three weeks and the remaining portion in two equal monthly instalments, payable on or before 23.10.2008 and 20.11.2008, the first respondent will consider re-conveying the property to the petitioner. To aid such process, the sale shall not be confirmed if deposits are being promptly made in terms of what is stated above. However, if there is default in remitting amounts as aforesaid, the benefit of this judgment shall stand recalled automatically. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.