IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 WP(C).No. 17667 of 2009(C) -------------------------- PETITIONER(S): --------------- T.N.RAJEEVAN, S/O.NARAYANAN, THANDASSERY HOUSE, KORECHAL DESOM, MATTATHUR VILLAGE, MUKUNDAPURAM TALUK. THRISSUR DISTRICT. BY ADV. SRI.SAJU J.VALLYARA RESPONDENT(S): --------------- 1. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, ARBITRATOR-CUM-SPECIAL SALE OFFICER, THRISSUR DISTRICT CO-OPERATIVE BANK LTD., TUDA ROAD, THRISSUR-1. 2. THE MANAGER, THRISSUR DISTRICT CO-OPERATIVE BANK LTD., KODAKARA BRANCH, PIN-680 684. SC FOR BANK SRI. P.C. SASIDHARAN BY GOVT. PLEADER SRI. K.C. SANTHOSHKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.17667 OF 2009 ------------------------ Dated this the 29th day of June, 2009. JUDGMENT Petitioner had availed of a housing loan of Rs.75,000/- from the second respondent in the year 2002. Default was committed and proceedings were initiated, which has reached the stage of sale. According to the petitioner, sale was to take place on 25.6.2009. He has produced Ext.P1, the sale proclamation issued in March, 2009 scheduling the sale on 29.4.2009 and the total amount as per this document is more than Rs.1,27,000/-. Counsel points out that subsequently, the petitioner had paid Rs.60,000/- by Ext.P2 and therefore the liability has been reduced. 2. In this writ petition, though several contentions have been raised, when the matter was taken up for admission, all that was prayed before me is for an WP(c).No.17667/09 2 opportunity to pay the amount due in instalments. 3. I heard the Standing Counsel appearing for the respondent Bank, who points out that going by the pleadings the sale has already taken place on 25.6.2009. However, the counsel for the petitioner points out that the sale scheduled as above did not take place. 4. If as pointed out by the petitioner, the sale did not take place on 25.6.2009, an opportunity be given to the petitioner to liquidate the liability in installments. Accordingly, the writ petition is disposed of as follows; 5. If, on 25/6/2009, the sale of the property belonging to the petitioner has not taken place, the petitioner will be permitted to pay the balance amount due in six equal monthly instalments. The first instalment shall be paid on or before 15th July, 2009 and the subsequent instalments on or before 15th of every succeeding months. Subject to the payment of the above, sale shall be deferred. In case default is committed in paying any of the instalments as above, WP(c).No.17667/09 3 respondents will be free to continue the proceedings. Petitioner shall produce a copy of the judgment before respondents 1 and 2 for compliance. (ANTONY DOMINIC) JUDGE vi/