IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 2ND JUNE 2011 / 12TH JYAISHTA 1933 WP(C).No. 32591 of 2007(E) -------------------------- PETITIONER(S): --------------- K.GOPALA KRISHNA PILLAI, THOPPIL PUTHEN VEEDU, GOVINDA MANGALAM, KALAMPADU, KADAKKAL P.O. BY ADVS. SRI.M.K.CHANDRA MOHANDAS SRI.K.P.PRATHEEP ROY RESPONDENT(S): --------------- 1. KADAKKAL SERVICE CO-OPERATIVE BANK LTD., REPRESENTED BY THE SECRETARY. 2. SPECIAL SALE OFFICER, KADAKKAL GROUP, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOTTARAKKARA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/05/2011, THE COURT ON 02/06/2011 DELIVERED THE FOLLOWING: W.P.(C) NO.32591 OF 2007 APPENDIX PETITIONER'S EXHIBITS:- P1: COPY OF THE AUCTION NOTICE DATED 17.09.2007 BY THE 2ND RESPONDENT. P2: COPY OF THE TREATMENT CERTIFICATES. P3: COPY OF THE LETTER DATED 10.08.2007 // TRUE COPY// smvd P.A. TO JUDGE S. SIRI JAGAN, J --------------------------------------- WP(C) No. 32591 of 2007 --------------------------------------- Dated this the 2nd day of June , 2011 JUDGMENT The petitioner has availed of a loan from the first respondent Co-operative bank. Petitioner committed default in repayment of the loan amount. The respondents initiated recovery proceedings and brought the mortgaged property to the sale as per Ext. P1. The petitioner is challenging the same. 2. I have considered the matter in detail. 3. At the time of admission, this Court granted an interim stay for one month on condition that the petitioner remits a sum of Rs.80,000/- before the time of sale. It does not appear that the stay was extended after one month. Since both the parties are not present , there is no way of ascertaining whether the interim order has been complied with. Admittedly amounts are due from the petitioner to the bank. Ext. P1 was issued for sale of the mortgaged property for recovery of that amount. There is no illegality in the said proceedings. Therefore, I do not find any merit in the writ petition. Accordingly this writ petition is dismissed. S. SIRI JAGAN, JUDGE. smvd