THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 13359 of 2007 ORDER: The petitioner and the third respondent are brothers. The third respondent is said to have borrowed some amount from Primary Agricultural Cooperative Society, Mori, Sakhinetipalli Mandal, East Godavari District, the second respondent herein. On account of the default committed by him, the second respondent initiated steps for recovery and obtained an award. For execution of the award, the Sale Oﬃcer, the fourth respondent herein, proceeded to sell Ac.1.39 ½ cents of land in R.S.Nos.190/1, 613 and 614/8 of Srungavarappadu Village, Sakhinetipalli Mandal, East Godavari District. The petitioner states that the said property is held by the joint family comprising of himself, the third respondent and their sisters and, in fact, O.S.No.55 of 2003 is pending in the Court of the Senior Civil Judge, Razole, for partition. He contends that the third respondent does not have any title, or exclusive right, vis-à-vis the property and even though there is no mortgage vis-à-vis the property, the fourth respondent is proceeding against the same. The second respondent ﬁled a counter-aﬃdavit stating that the claim put forward by the petitioner is ﬁctitious and it is invented only to defeat the rights of the society. Heard the learned counsel for the petitioner, the learned Government Pleader for Cooperation and the learned counsel for the second respondent. This is not a case where a mortgage item of property is brought to sale. The third respondent borrowed some amount from the second respondent. Even assuming that any default was committed by him, proceedings can be initiated only against such property as regards which the third respondent has exclusive right. The claim put forward by the petitioner can be determined by the ﬁrst respondent, in exercise of powers conferred under Rule 52 of the Andhra Pradesh Cooperative Societies Rules, 1964 (for short ‘the Rules’). The petitioner submits that he presented such a claim on 19.06.2007. This Court has already protected the interest of the second respondent by directing that the petitioner shall deposit a sum of Rs.25,000/-. The amount is said to have been deposited. Hence, the writ petition is disposed of, directing that the ﬁrst respondent shall determine the claim of the petitioner under Rule 52 of the Rules, before any steps are taken vis-à-vis the property. There shall be no order as to costs. __________________ L.NARASIMHA REDDY,J Dt:30.10.2008. kdl