IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 WP(C).No. 35164 of 2007(J) -------------------------- PETITIONER: -------------------- KAYALA ISMAIL, AGED 49 YEARS, S/O.ABDULLA, PERUVABA, KUTTOOR AMSOM & DESOM, P.O OLIYAMBADY, THALIPARAMBA. BY ADV. SRI.U.BALAGANGADHARAN SRI.G.GIREESH RESPONDENTS: ------------------------ 1. THE ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, THALIPARAMBA. 2. THE JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, KANNUR. 3. THE SECRETARY, PAYYANOOR CO-OPERATIVE TOWN BANK, PO PAYYANNOOR. R1 & R2 BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN. R3 BY ADV.SRI.N.N.SUGUNAPALAN (SR.) ADV. SRI.MAHESH V RAMAKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.35164 of 2007 ================================== Dated this the 10th day of March, 2008. JUDGMENT Petitioner availed a loan. It resulted in an arbitration award and sale after paper publication, twice. The creditor society bid in auction. Sale certificate was issued in favour of the creditor. Petitioner thereafter moved the Co-operative Adalat for settlement of the loan and for a direction to the Bank to re-convey the property. The Bank agreed to re-convey the property for Rs.1,20,000/-, which is less than the amount covered by the sale, provided, such deposit was made within a period of three months from the date of Ext.P3 award, namely, 25-8-2007. That was the settlement between the parties. Petitioner states that he is unable to satisfy that and wants indulgence of this Court and enlarge the time to pay the amount covered by Ext.P3 by 24 months. It is not within the province WPC35164/2007 -:2:- of this Court to sustain orders merely on grounds of compassion without any legal right. Under such circumstances, this writ petition is dismissed, however, without prejudice to the right of the petitioner to move the Bank for any further indulgence. Thottathil B.Radhakrishnan, Judge. sl.