IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 WP(C).No. 18730 of 2009(I) -------------------------- PETITIONER(S): ------------------ ASIYA A.K., W/O. MOIDEENKUTTY, AGED 30 YEARS,RESIDING AT VALIYAKKATHADIKA HOUSE, VENGARA, KANNATTIPADI P.O., MALAPPURAM DIST, REP. BY HER HUSBAND,MOIDEENKUTTY S/O. ALAVIKUTTY, PRESENTLY RESIDING AT AL MAHAD- MADEENA, KINGDOM OF SAUDI ARBIA. BY ADV. SRI.P.K.RAMKUMAR SMT.ANITHA MENON RESPONDENT(S): ------------------- 1. THE KOZHIKODE PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., NO. 4362 REP. BY ITS SECRETARY, P.O. PUTHIYARA, KOZHIKODE DIST-4. 2. THE SPECIAL SALE OFFICER, KOZHIKODE PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., P.O. PUTHIYARA, KOZHIKODE DIST-4. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES KERALA AT THIRUVANANTHAPURAM. 4. RITHWIKMUKUNDAN, S/O. PREETHI, RESIDING AT ATHEENA, F-IV/144 C.H. COLONY, P.O.MARYKUNNU, KOZHIKODE DIST-2. 5. SYMALA, DO. PREETHI DO.......... 6. TANIYA MUKUNDAN, S/O. PREETHI DO.. 7. MADHAVI, D/O. CHANDU, RESIDING AT NEDUKUZHINJAVA PUTHIYNAGADI P.O., WEST HILL, KOZHIKODE DT. ADV. SRI.THOMAS ANTONY FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.18730/09 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE REGISTERED ASSIGNMENT DEED EXECUTED BY THE 6TH RESPONDENT IN FAVOUR OF THE PETITIONER'S HUSBAND. EXT.P2: TRUE COPY OF THE SKETCH OF THE PROPERTY IN QUESTION. EXT.P3: TRUE COPY OF THE LAND TAX RECEIPT ISSUED TOT HE PETITIOENR'S HUSBAND FROM PUTHUPADY VILLAGE OFFICE FOR THE YEARS 2007-08 DT 22.12.07. EXT.P4: TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, PUTHAPADY IN FAVOUR OF THE PETITIONER'S HUSBAND DT. 19.12.07. EXT.P5: TRUE COPY FO THE SALE PROCLAMATION ISSUED TO THE NOTICE ISSUED TO THE PETITIONER'S HUSBAND DT 25.5.2009. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 18730 OF 2009 (I) ===================== Dated this the 14th day of August, 2009 J U D G M E N T Heard both sides. 2. Although the challenge in this writ petition is against Ext.P5, petitioner only seeks a months time to settle the liability that is due to the Bank. 3. Taking into account this submission, it is directed that proceedings pursuant to the orders in EP No.572/07 for the realisation of which Ext.P5 auction notice has been issued, shall be deferred for a period of six weeks from today. It is clarified that in case liability is not cleared in the meanwhile, it will be open to the Bank to continue the recovery proceedings. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp