IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 WP(C).No. 24480 of 2008(L) ------------------------------------- PETITIONER: ------------------- POOTHANKODAN ABU HAJI, S/O.AYAMMU, EDAPATTA, AGED 70 YEARS, MELATTOOR, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: ----------------------- 1. THE SPECIAL SALE OFFICER, URBAN CO-OPERATIVE BANK LTD., PERINTHALMANNA, MALAPPURAM DISTRICT. 2. UBRAN CO-OPERATIVE BANK LTD., PERINTHALMANNA, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY. BY SENIOR GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ---------------------------------------------------------------- W.P.(C) NO. 24480 OF 2008 (L) ---------------------------------------------------------------- Dated this the 13th day of August, 2008 J U D G M E N T Having heard the learned counsel for the petitioner and the learned senior Government Pleader, notice to respondents 1 and 2 is dispensed with, preserving their right to move for review of this judgment, if aggrieved. 2. Petitioner availed a loan from the second respondent bank. It is stated that the said loan was for the purpose of the marriage of petitioner's daughter in 1998 December. With the passage of time, the total amounts have been mounted to be around Rs.2,99,000/-, in terms of Ext.P2. I do not find any jurisdictional error or legal infirmity in the impugned proceedings. Having regard to the totality of the facts and circumstances of the case, it is ordered directing that the impugned sale proceedings shall stand deferred, if the petitioner deposits an amount of Rs.30,000/- per month payable on or before the 28th W.P.(C) No.24480/2008 - 2 - day of every month commencing from 28th August 2008, without fail. If there is default in remitting any of the afore-directed installments, the benefits of this judgment will stand recalled and the writ petition will stand dismissed automatically, enabling the respondents to forthwith proceed with further distress action. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/14/8 // True copy // P.A. to Judge.