IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 WP(C).No. 10273 of 2008(W) -------------------------- PETITIONER: ------------- M.K.SANTHI, AGED 46 YEARS, W/O. SASI MONY, R.V. BHAVANAM P.O., RAMAPURAM DESOM, MEENACHIL, PALA. BY ADV. SRI.SURESH JOSE RESPONDENTS: ---------------- 1. SERVICE CO-OPERATIVE BANK, KIZHATHADIYOOR, MEENACHIL, PALA, KOTTAYAM DISTRICT, REP. BY ITS SECRETARY. 2. SPECIAL SALE OFFICER, INSPECTOR OF CO-OPERATIVE SOCIETIES, KIZHATHADIYOOR SERVICE CO-OPERATIVE BANK LTD. 3. R.VELAYUDHAN, AGED 85, S/O.RAMANASARY, R.V.BHAVANAM, RAMAPURAM, BASAR P.O., 4. JONYKUTTY, AUGUSTINE, OOTUPUZHAYIL, AGED 55 YEARS, S/O.AUGUSTINE, R.V.BHAVANAM, RAMAPURAM BASAR P.O. R2 BY SR.GOVT.PELADER SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.10273 of 2008-W = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 27th day of March, 2008. JUDGMENT 1.The first petitioner is the Kizhathadiyoor Service Co-operative Bank. The second respondent is its Sale Officer. Respondents 3 and 4 and the petitioner availed a loan from the first respondent. That has resulted in Ext.P1 and subsequent proceedings for sale of the property belonging to the petitioner for recovery of the outstandings. 2.Dispensing with notice to respondents 1, 3 and 4 preserving their right to move for review of this judgment, if aggrieved, I have heard the learned counsel for the petitioner and the learned Senior Government Pleader on behalf of the second respondent. 3.The petitioner's contention is that the outstandings is just above Rs.13 lakhs, while as stated in Ground 'F' and in paragraph 6 of the WP(C)10273/08 -: 2 :- writ petition, one Francis P. Rosario has agreed to purchase the entire land, including the building for an amount of Rs.23 lakhs. 4.Under such circumstances, this writ petition is disposed of directing that if the said Francis P. Rosario or any other person files an affidavit undertaking to purchase the property for any amount above the amount due to the bank and if 50% of the amount due to the bank is deposited within a period of one month from now, the impugned sale shall stand deferred for a total period of two months from now, enabling the petitioner to settle the transaction by paying off the entire outstandings due to the bank. On such amounts being credited to the bank, the documents will be released, enabling the petitioner to complete the sale as she may wish. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/