THE HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.18078 of 2011 ORDER : This Writ Petition has been filed to declare the action of the respondents in proceeding with the execution of the orders for recovery of the amounts payable to the 3rd Respondent- Society in E.P.No.78 of 2010-E in Case No.809 of 2008 on the file of the District Registrar, Karimnagar, without passing any orders on their petition dated 13-06-2011, as illegal. One Gurram Chandraiah, son of Veeraiah, who is the husband of the 1st Petitioner and the father of the 2nd petitioner availed a loan of Rs.1,00,000/- on 10-05-2001 from the 3rd Respondent-Bank by mortgaging his house property bearing No.5-71/2, Govindpally, Jagtial Mandal, Karimnagar District. The loanee defaulted in payment of the amount. Therefore, proceedings were initiated against the loanee under Section 71 of the A.P. Cooperative Societies Act, 1964 by issuing a notice on 05-11- 2007. It appears that during pendency of the proceedings, the loanee Gurram Chandraiah died on 09-09-2008. The 3rd Respondent-Bank was not informed of the death of the said loanee, hence it had no knowledge of the death of the loanee. The proceedings however were continued, which ultimately culminated in the issuance of impugned sale notice dated 13- 05-2011. Aggrieved by the said notice, the petitioners have approached this Court. It is contended that the petitioners were not aware of any loan said to have been obtained by Gurram Chandraiah. Therefore, denying their liability, they filed a petition under Rule 52 (21) of the A.P. Cooperative Societies Rules, 1964 seeking adjudication as to their liability to clear the loan. From the aforesaid facts, it is evident that the loanee died on 09-09-2008 and thus by the time the impugned sale notice was issued, he was no more. Under Rule 52 (2) of the Rules whenever a defaulter died before a decree has been fully satisfied, the legal representatives of the deceased may file an application before the competent authority for the purpose of ascertaining the extent of their liability. The learned Government Pleader now states that the 2nd Respondent has already considered and disposed of the application directing the petitioners to approach Sale Officer by filing an appropriate application as per the provisions of Rule 52 (21)(a) of the Rules. Having regard to the aforesaid facts, since the petitioners are disputing the liability, at any rate the extent of their liability, being the legal representatives of the loanee and having regard to the fact that the petition dated 13-06-2011 has already been disposed of by the 2nd Respondent, the petitioners are permitted to make an appropriate application before the Sale Officer and seek an appropriate relief. The petitioners shall file such an application within a period of two weeks from the date of the receipt of a copy of the order and if such application is filed, the Sale Officer shall be at liberty to pass appropriate orders within a period of two weeks thereafter. Until such decision is taken, Status Quo as on today shall be maintained. If the petitioners fail to make an application as directed above, this order stands annulled. The Writ Petition is accordingly disposed of. No costs. ________________ NOUSHAD ALI, J. 20th July, 2011 Skmr THE HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.18078 of 2011 Date : 20-07-2011 Between : Gurram Gangu and another .. Petitioners and The District Registrar, Co-operative Societies, Karimnagar District, Karimnagar and 2 Others .. Respondents