IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 15TH JULY 2009 / 24TH ASHADHA 1931 WP(C).No. 19126 of 2009(I) -------------------------- PETITIONER(S): --------------- JANARDHANAN, AGED 50 YEARS, S/O.BHASKARAN, PALLIVALAPPIL HOUSE, P.O.MAROTTICHAL, THRISSUR DISTRICT. BY ADV. SRI.A.F.SEBASTIAN RESPONDENT(S): --------------- COCHIN CO-OP.AGRICULTURAL & RURAL DEVELOPMENT BANK NO.329, THRISSUR-4, REPRESENTED BY THE SPECIAL SALES OFFICER. SC SRI. V.G. ARUN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.19126 OF 2009 ------------------------ Dated this the 15th day of July, 2009. JUDGMENT Petitioner submits that he had borrowed Rs.82,500/- from the respondent Bank, mortgaging the immovable properties having an extent of 68 cents. Default was committed. By Ext.P1 Bank has taken steps for selling property. Sale was scheduled to 15.6.2009. However,the sale did not materialize. It is at that stage, the writ petition is filed challenging this writ petition. 2. On merits, I see nothing objectionable in the action taken by the Bank, since admittedly the petitioner is a defaulter. Standing Counsel for the Bank points out that, in view of several other encumbrances on the property mortgaged, the sale was not held in pursuance to Ext.P1. 3. Now that sale has not materialized so far, I am of the view that the petitioner can be given another WP(c).No.19126/09 2 opportunity to settle his liability. Accordingly, the writ petition is disposed of permitting the petitioner to discharge the liability to the Bank in three equal monthly instalments. The first instalment shall be paid on or before 30th of this month and the balance two instalments shall be paid on or before 30th of August and September, 2009. Subject to compliance of such condition, further proceedings pursuant to Ext.P1 will be deferred and in case default is committed, Bank will be free to proceed with the sale. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.19126/09 3