IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 WP(C).No. 23197 of 2009(T) ------------------------------------- PETITIONER(S): ---------------------- SAROJINI AMMA, AGED 64 YEARS, WIFE OF BALAKRISHNA PILLAI.S., KURUMVELIL KIZHAKKETHIL BHARANIKKAVU WARD, PUNALUR.P.O. BY ADVS.MR.P.B.SAHASRANAMAN MR.T.S.HARIKUMAR SMR.K.JAGADEESH RESPONDENT(S): ------------------------- 1. KOTTARAKKARA TALUK HOUSING CO-OPERATIVE SOCIETY LTD NO.Q-451, KOTTARAKKARA.P.O. PIN-691506. REP. BY ITS SECRETARY. 2. THE SALE OFFICER, KOTTARAKKARA TALUK HOUSING CO-OPERATIVE SOCIETY LTD NO. Q-451, KOTTARAKKARA.P.O., ASSISTANT REGISTRAR (GENERAL) CO-OPERATIVE SOCIETIES, KOTTARAKKARA TALUK KOTTARAKKARA-691506. R1 BY ADV. MR.B.MOHANLAL R2 BY GOVT. PLEADER MR.K.S.MUHAMED HASHIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.23197/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE DEATH CERTIFICATE, DTD. 16.3.2006. P2:- COPY OF THE COMMUNICATION SENT BY THE PETITIONER TO THE IST RESPONDENT DTD. 26.12.05. P3:- COPY OF THE NOTIFICATION DTD. 14.7.09 PUBLISHED IN THE DESHABHIMANI, DTD. 16TH JULY, 2009 (ITEM NOS. 13). RESPONDENT'S EXHIBITS R1(a):- COPY OF THE MORTGAGE DEED NO.1881/1996 DTD. 4.5.1996 OF PRINCIPAL SUB REGISTRY , KOTTARAKKARA WAS EXECUTED BY LATE SRI.SIVAN PILLAI REGISTERED IN FAVOUR OF THIS RESPONDENT SOCIETY. R1(b):- COPY OF THE AWARD IN A.R.C. NO.1562/97 BEFORE THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOTTARAKKARA FILED BY THIS RESPONDENT. TRUE COPY P.S.TO JUDGE tss S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 23197 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 15th December, 2009. J U D G M E N T The petitioner's son took a loan from the 1st respondent-Society, which he defaulted repayment of. The son died. The respondent initiated proceedings against the mortgaged property for recovery of the amounts due. That is under challenge by the petitioner. 2. Originally, a stay was granted on 14-8-2009. The stay was extended on 9-11-2009 only on condition that the petitioner pays Rs. 2 lakhs within one month. Admittedly, the petitioner has not paid that amount. Proceedings are against the mortgaged property. If the petitioner wants to save that property the minimum she could do was to comply with the interim order of this Court, which she has admittedly not. That being so, I do not think that the petitioner is entitled to further indulgence in the matter. If the petitioner has any other grievance regarding the proceedings initiated, the remedy of the petitioner lies in approaching an arbitrator under Section 69 of the Kerala Co-operative Societies Act. Therefore, without prejudice to that, this writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/