IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 WP(C).No. 22836 of 2009(Y) -------------------------- PETITIONER(S): ------------------ RAVUNNI NAIR, AGED 66 YEARS, S/O.NARAYANI AMMA, CHANKARATH VALIYAVEETIL, P.O.VARAVOOR, THRISSUR DISTRICT. BY ADV. SRI.C.D.DILEEP RESPONDENT(S): ------------------- 1. THRISSUR DISTRICT CO-OPERATIVE BANK KOVILAKAMPADAM, THRISSUR, REP.BY ITS GENERAL MANAGER. 2. SPECIAL SALE OFFICER, THRISSUR DISTRICT CO-OPERATIVE BANK, KOVILAKAMPADAM, THRISSUR. 3. JOINT REGISTRAR (GENERAL) CO-OPERATIVE SOCIETIES, THRISSUR. GOVT.PLEADER SRI.K.C.SANTHOSH KUMAR SRI.P.C.SASIDHARAN, SC FOR BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 22836 OF 2009 (Y) ===================== Dated this the 11th day of August, 2009 J U D G M E N T The challenge in this writ petition is against Ext.P2, a sale notice issued by the respondent Bank on 30/6/2009 proposing to sell the property of the petitioner for realising an amount of Rs.39,894/- and other charges which became due to it consequent on the award in ARC 41/06. 2. In this writ petition, although several contentions are raised, all that the petitioner now seeks is an instalment facility to discharge the liability and to save the mortgaged property from a distress sale. 3. Standing counsel for the 1st respondent has also been heard. 4. Having regard to the submissions made before me, I dispose of this writ petition with the following directions. (1) That the petitioner shall pay the amount due to the respondent Bank in six equal monthly instalments. The first instalment shall be paid on or before 13/8/2009 and the subsequent instalments before 13th of every succeeding month. WPC 22836/09 :2 : (2) Subject to payment as above, the sale scheduled as per Ext.P2 will stand deferred and in case any default is committed, it will be open to the respondents to continue with coercive action. ANTONY DOMINIC, JUDGE Rp