IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 WP(C).No. 1826 of 2009(P) ---------- ------------------------- PETITIONER: ------------------ KURAKKANKANDI NARAYANAN, REPRESENTED BY GUARDIAN/SON K.K.SASI, PERUMADATHIL, THAZHEKUNIYIL, THRIKKOTTUR AMSOM DESOM, KOYILANDY. BY ADV. SRI.RAFFEEKH KOTTAKKAL RESPONDENTS: ----------------------- 1. THE PAYYOLI C0-OPERATIVE BANK LTD., REPRESENTED BY SECRETARY, PAYYOLI. 2. THE JOINT REGISTRAR, CO-OPERATIVE SOCIETIES, KOZHIKODE. 3. THE ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETIES, KOYILANDI, KOZHIKODE DIST. R2 AND R3 BY K.C. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 1826 OF 2009 ~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 19th day of January, 2009 JUDGMENT The petitioner Narayanan is, according to his son Sasi, a mentally challenged person. This writ petition is filed by Narayanan through his guardian/son Sasi. The plea is that, in execution of arbitration award under KCS Act, an item of property belonging to Narayanan was sold on 8.1.2009 through Munsiff's Court, Payyoli in the execution proceedings initiated by the first respondent as E.P. 210 of 2007 in ARC 763 of 2004. The petitioner states that the sale is bad and the property ought not to have been sold, particularly, when Sasi, S/o Narayanan is prepared to pay off the entire amounts due to the bank. This writ petition does not disclose the identity of the auction purchaser. The powers of the Civil Court to execute a decree, even a deemed decree, is quite vast. There is sufficient room within that jurisdiction to take care of the complaints of Narayanan represented by Sasi. Without prejudice to that course, this writ petition is dismissed, more so, because, going by the date of sale as pleaded, proceedings available in the civil court would still be open. (THOTTATHIL B. RADHAKRISHNAN, JUDGE) KMD