IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 WP(C).No.25221 of 2008 (C) ---------------------------------- EP 267 OF 2007 IN ARC.2246/2005 of SUB COURT, MANJERI .................... PETITIONER --------------- AALIKKAL ABDU SAMAD, S/O. ABOOBACKER, AALIKAL HOUSE, PERINTHALMANNA VILLAGE, PERINTALMANNA TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.DEVIDAS.U.K RESPONDENTS: ------------------ 1. THE PERINTHALMANNA SERVICE CO-OPERATIVE BANK LTD., REPRESENTED BY ITS SECRETARY PERINTALMANNA,P.O., MALAPPURAM DISTRICT. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, PERINTHALMANNA, PERINTALMANNA P.O., MALAPPURAM DISTRICT. ADV. SRI.V.RAJENDRAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.25221 of 2008 (C) APPENDIX PETITIONER'S EXTS:- EXT.P1:- A TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DT.15/03/06. EXT.P2:- A TRUE COPY OF THE PROCLAMATION OF SALE DT.03/03/08. ........... K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.25221 of 2008 ------------------------------------------------ Dated this the 6th day of January, 2009 JUDGMENT Counsel for the respondent/Co-operative Bank submits that though sale is confirmed and sale Sannath is issued in favour of the Bank they are not keen in having the property bid in auction and that they will re-transfer the property at the expense of the petitioner in his favour or to his nominee in case the petitioner makes payment within six weeks from today the entire sale amount with 5% sale commission, future interest from the date of sale, cost of stamp papers etc. incurred for obtaining of sale Sannath. Counsel for the petitioner submits that the petitioner is agreeable to make the payments as aforesaid within six weeks and to have the property re- transferred at his cost. W. P. C. No.25221 of 2008 -2- 2. In view of the settlement so arrived at, I dispose of this Writ Petition directing the parties to comply with the settlement arrived at as aforesaid within six weeks from today. In case of failure, the petitioner shall not be entitled to any further relief. Issue copy of this judgment to the counsel for the petitioner urgently. K.P.BALACHANDRAN, JUDGE kns/-