IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 WP(C).No. 20768 of 2005(V) -------------------------- PETITIONER: ------------ KARAYI RADHA, W/O.PRADEEPKUMAR, AGED 35 YEARS, DAMODAR VILLA, NARAVOOR AMSOM, KUTHUPARAMBA DESOM, THALASSERY TALUK, KANNUR DISTRICT. BY ADV. SRI.P.P.RAMACHANDRAN RESPONDENTS: ------------- 1. THALASSERY PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, BRANCH-THUNDIYIL, REPRESENTED BY ITS SECRETARY. 2. SPECIAL SALES OFFICER, THALASSERY PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, P.O. THIRUVANGAD, THALASSERY. BY ADV. SRI.P.V.SURENDRANATH FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE POST CARD ISSUED BY THE RESPONDENT DATED NIL. EXT.P2 TRUE COPY OF PAYMENT RECEIPT DATED 16.6.2005 ISSUED BY THE FIRST RESPONDENT. EXT.P3 TRUE COPY OF PROCLAMATION NOTICE ISSUED BY THE 2ND RESPONDENT DATED 13.6.2005 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 20768 OF 2005 -------------------------------------------- Dated this the 21st day of July, 2008 JUDGMENT The challenge is against recovery proceedings for recovery of Rs. 44858/- together with interest thereon. This Court vide interim orders dated 13.7.2005 directed the petitioner to discharge liability in monthly instalment of Rs. 5000/-. This order was modified on 7.11.2005 reducing the monthly instalment to Rs. 3,000/-. If the petitioner has paid the instalments, liability would have been discharged long back. Counsel for the first respondent submitted that he has no confirmation about discharge of liability. In any case if liability is not discharged, respondents are free to proceed for sale of the property. W.P. is closed as above. (C.N. RAMACHANDRAN NAIR) Judge kk 2