HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.24940 of 2006 Date : 21.11.2011 Between : G. Fakeera. …..Petitioner And The Assistant Registrar, A.P. Co-operative Housing Society Federation Ltd, Hyderabad & another. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.24940 of 2006 ORDER : The petitioner, who is a retired Attender, obtained loan of Rs.55,000/- from the 2nd respondent-House Building Co-operative Society, in 1991. He has repaid certain amounts, but thereafter, defaulted. Therefore, the 2nd respondent-Society has obtained certificate under Section 71 of the Andhra Pradesh Co-operative Societies Act, 1964 and initiated proceedings for execution of the said certificate as per the procedure contemplated under Rule 52 of the A.P. Co-operative Societies Rules. To recover the said amount, the 1st respondent has notified sale of the petitioner’s house by issuing notice in Form No.9. In the said Form, the amount due from the petitioner was shown as Rs.35,832.06 paise. At the stage of admission, this Court, by order dated 29.11.2006, granted interim stay on condition of depositing Rs.25,000/- within a period of four weeks. When the matter is taken up, it is represented by the learned counsel appearing for 2nd respondent that as per the directions issued by this Court, the petitioner has paid Rs.25,000/-. Learned counsel for petitioner, without agitating on the validity of the notice, makes a request for grant of some more time for payment of the balance amount. Learned counsel for 2nd respondent states that the amount due was Rs.35,832.06 paise in the year 2006, as such, the petitioner has to pay the balance amount which is due as of now. In the absence of any clear calculation memo, it is not possible to arrive at the balance amount due from the petitioner. As it is not in dispute that the petitioner has already paid Rs.25,000/- out of Rs.35,832.06 paise which was due in the year 2006, and as the sale has not taken place pursuant to the impugned notice in view of the interim order passed by this Court, I deem it is a fit case to accept the request of the petitioner for grant of time for paying the balance amount. Accordingly, this writ petition is disposed of, permitting the petitioner to pay the balance amount which is due as on today, within a period of three months from today. No order as to costs. ______________________ R. SUBHASH REDDY, J 21st November 2011 ajr