IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 WP(C).No. 33940 of 2007(M) -------------------------- [E.P. NO.166 OF 2004 AND E.P 269 OF 2004 OF MUNSIFF'S COURT, PERINTHALMANNA] PETITIONER: ------------ MOHAMMED SALAHUDHEEN, S/O. ABOOBACKER HAJI (LATE), AGED 55 YEARS, RESIDING AT 19/242, PERINTHALMANNA MUNICIPALITY, PATTAMBI ROAD, PERINTHALMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.K.K.MUHAMMED RAVUF RESPONDENTS: ------------- 1. THE PERINTHALMANNA SERVICE CO-OP. BANK (P 534), MANNARAKKAD ROAD, PERINTHALMANNA, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, PERINTHALMANNA SERVICE CO-OP. BANK (P.534), MANNARAKKAD ROAD, PERINTHALMANNA P.O. BY ADV. SRI.V.RAJENDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 33940 of 2007 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT-P1: TRUE COPY OF AWARD MADE IN ARC NO.2014 OF 1999-2000 DATED 30.12.2000 EXHIBIT-P2: ATRUE COPY OF AWARD IN A.R.C.NO.2427 OF 1997-98 DATED 7.10.1998 EXHIBIT-P3: TRUE COPY OF THE AWARD IN R.P. NO.40 OF 2000 OF THE CO-OP. TRIBUNAL, TRIVANDRUM DATED 3.5.2001 EXHIBIT-P4: TRUE COPY OF THE CALCULATION STATEMENT DATED 2.11.2004 EXHIBIT-P5: TRUE COPY OF THE PROCLAMATION FOR SALE DATED 29.6.2007 EXHIBIT-P6: TRUE COPY OF THE COMMON ORDER MADE IN E.A. NO.218 OF 2007 IN E.P. NO.166 OF 2004 AND E.A. 220/2007 IN E.P. NO.269/04 OF THE MUNSIFF COURT, PERINTHALMANNA. /TRUE COPY/ P.A. TO JUDGE M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 33940 OF 2007 --------------------- Dated this the 27th day of February, 2008 JUDGMENT This writ petition is preferred to quash Ext.P5 sale notice and Ext.P6 order and for other reliefs. Ext.P6 would show that an application for adjournment of the sale had been declined by the court. Now I am informed that the sale is already over and the matter is pending for confirmation of sale. 2. Learned counsel for the writ petitioner would submit that the court below has gone wrong in selling one item of property for decrees in two execution petitions by one order. I am not going into the legality of the same for the reason that modes are suggested for an effective settlement of the matter. It has to be stated that as per the latest Government Circular No.3/08 the interest claimed in the matter cannot exceed the principal amount. In other words, the writ petitioner is entitled to the benefit of the said circular. He is also in a mood to pay the amount to wipe off the liability. Therefore, the writ petition is disposed of as follows. (1) I direct the court below to defer the confirmation of sale till the court reopens after the summer holidays. WPC NO 33940/07 2 (2) The writ petitioner is directed to pay a sum of Rs.25,000/- on or before 15.3.08. (3) Petitioner is directed to make the balance payment on or before 15.5.08. If the petitioner commits default in making payment, the court can confirm the sale and the petitioner has to face the consequences. It is made clear that if the petitioner commits default in making the initial payment of Rs.25,000/-, then the court, after a period of 60 days, is entitled to confirm the sale. M.N.KRISHNAN, JUDGE vps WPC NO 33940/07 3 WPC NO 33940/07 4