IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 12126 of 2009(I) -------------------------- PETITIONER(S): --------------- N.K. PRABHAKARAN, S/O.N.SANKARAN, CHINDANGAYIL HOUSE, P.O. PINARAYI, KANNUR DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. THE KANNUR DISTRICT CO-OPERATIVE BANK, KANNUR, REPRESENTED BY THE GENERAL MANAGER, DISTRICT CO-OPERATIVE BANK, KANNUR. 2. THE BRANCH MANAGER, KANNUR DISTRICT CO-OPERATIVE BANK, MAMBRA BRANCH, KANNUR. 3. THE SALE OFFICER, KANNUR DISTRICT CO-OPERATIVE BANK, KANNUR. 4. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KANNUR. 5. THE ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETIES, KANNUR. 6. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. SRI.P.NARAYANAN,SC,KANNUR DIST.CO.OP.BANK FOR R1 & R2. SRI.K.C.SANTHOSHKUMAR, SR.GOVT.PLEADER FOR R3 TO R6. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.12126 of 2009-I = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 8th day of April, 2009. JUDGMENT The petitioner has suffered an award under the KCS Act. That has become final. Distress action in execution has essentially dragged on for the last four years. In 2007, the petitioner obtained Ext.P2 judgment. Even now, the petitioner is not able to find out a purchaser who would pay the entire amounts due to the bank and settle the transaction. I do not find any ground to issue any order in favour of the petitioner. However, as a last opportunity, it is ordered that the sale will stand deferred for a period of 45 days from now to enable the petitioner to settle the transaction by payment of the entire amounts even through a private purchaser of his choice. On such deposit, the bank will release the title WP(C)12126/09 -: 2 :- deeds to enable the petitioner to execute sale. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/150409