IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 WP(C).No. 23268 of 2009(C) -------------------------- PETITIONER(S): ----------------- SCARIA ABRAHAM, S/O.ABRAHAM, KANIYAMPARAMBIL HOUSE, VILANGAD P.O., KOZHIKODE DISTRICT. BY ADV. SRI.P.A.AUGUSTINE(AREEKATTEL) RESPONDENT(S): ------------------- 1. THE SPECIAL SALE OFFICER, KOZHIKODE DISTRICT CO-OPERATIVE BANK, OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOZHIKODE, KALLAI ROAD, KOZHIKODE. 2. THE KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD., KASABA P.O., KOZHIKODE REP.BY ITS GENERAL MANAGER. GOVT.PLEADER SRI.K.C.SANTHOSH KUMAR SRI.P.V.KUNHIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 23268 OF 2009 (c) ===================== Dated this the 19th day of August, 2009 J U D G M E N T After several rounds of litigation, the 1st respondent has issued Ext.P6 auction notice scheduling the auction of the mortgaged property belonging to the petitioner having an extent of 1.2 acres, which is to take place on 26th of August, 2009. In this writ petition, all that the petitioner seeks is an instalment facility, which is vehemently opposed by the respondents, pointing out the previous history of the case. 2. True, as rightly pointed out by the standing counsel, petitioner has been resorting to litigations one after the other. But, however, having regard to the fact that all that is sought for is an instalment facility, I am inclined to think that if by that method, the petitioner can save the property from a distress sale, let him have one more opportunity. 3. Having regard to the above, I dispose of this writ petition with the following directions. (1) That 1/3rd of the amount due from the petitioner shall be paid before 1.15 p.m on 26/8/2009 when auction as per Ext.P6 WPC 23268/09 :2 : is scheduled. If payment is made as above, the auction will be deferred. (2) If the petitioner complies with the above, the balance due from the petitioner will be permitted to be paid in five equal monthly instalments, the first of which shall be paid on or before 26/9/2009 and the balance before 26th of every succeeding month. (3) It is made clear that in case default is committed in respect of any instalments, the Bank will be free to continue the proceedings that has already initiated. ANTONY DOMINIC, JUDGE Rp