THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.27131 of 2009 ORDER: The petitioner obtained a loan of Rs.1,50,000/- in the year 2001 from the third respondent. However, he did not pay the instalments regularly. The recovery proceedings appeared to have been initiated before the Deputy Registrar, the second respondent herein. After the recovery certificate became final, the property offered as mortgage by the petitioner was put to sale. The petitioner feels aggrieved by the auction notice dated 05.11.2009. Heard the learned counsel for the petitioner and the learned standing counsel for respondent Nos.1 and 2. The petitioner does not dispute that he committed default in payment of instalments. He is found to be due a sum of Rs.3,34,198/-. Since he did not pay that amount, the premises bearing No.27-8-42 of Mudireddypalli Village, Kotnuru Polam, Hindupur Mandal, Ananthapur District, is proposed to be sold. Even now the petitioner can pay the amount due and thereby avoid sale of the house. The petitioner contended that the interest was levied on exorbitant rates and that no proper calculation was undertaken. If that be his grievance, he can certainly approach the second respondent with proper application. He cannot prevent sale notice unless he deposits substantial amount. Hence, the Writ Petition is disposed of directing that: (a) In case the petitioner deposits a sum of Rs.3,00,000/- (Rupees three lakhs only) within a period of two months from today, the proposed auction shall stand deferred. The amount which was already deposited by the petitioner in pursuance of the interim orders of this Court shall be given credit to. (b) It shall be open to the petitioner to approach the second respondent as regards the calculation of interest and determination of the amount. (c) The final payment shall be made depending on the determination that may be made by the second respondent. (d) If the petitioner fails to comply with condition (a), the proposed auction may go on. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY, J 21st April, 2010 GHN