IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 15TH JULY 2009 / 24TH ASHADHA 1931 WP(C).No. 19842 of 2009(A) -------------------------- PETITIONER(S): --------------- 1. SOMAN, S/O.KRISHNAN, THENGUMKUDIYIL HOUSE, RAJAKKAD VILLAGE, RAJAKKAD KARA. 2. RADHA, W/O.SOMAN, THENGUMKUDIYIL HOUSE, RAJAKKAD VILLAGE, RAJAKKAD KARA. BY ADV. SRI.JOSEPH SEBASTIAN PURAYIDAM SMT.MABLE.C.KURIAN RESPONDENT(S): --------------- 1. IDUKKI DISTRICT CO-OPERATIVE BANK, RAJAKKAD BRANCH, REPRESENTED BY ITS MANAGER. 2. SPECIAL SALE OFFICER, IDUKKI DISTRICT CO-OPERATIVE BANK IDUKKI. 3. SPECIAL ARBITRATOR/ASSISTANT REGISTRAR IDUKKI DISTRICT CO-OPERATIVE BANK, IDUKKI. SC FOR BANK SRI. P.C. SASIDHARAN BY GOVT PLEADER SRI. K.C. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.19842 OF 2009 ------------------------ Dated this the 15th day of July, 2009. JUDGMENT In 2001, the petitioners had availed of a loan of Rs.1 lakh from the first respondent. Default was committed and arbitration proceedings were initiated. Pursuant to the award that was passed, execution proceedings are initiated which has reached the stage of Ext.P3 sale notice, where the mortgaged property is proposed to be sold on 20.7.2009 and the amount due is indicated to be Rs.1,96,423/- and other charges. In this writ petition, although several contentions are raised, I am not impressed by any of them. However, in order to enable the petitioners to save their property from distress sale, I am inclined to grant instalment facility to the petitioner. Accordingly, the writ petition is disposed of directing that the petitioners will be permitted to pay the balance WP(c).No.19842/09 2 amount due to the first respondent Bank in six equal monthly instalments. The first instalment shall be paid on or before 20th July, 2009 and the remaining instalments shall be paid on or before 20th of every succeeding month. Subject to payment as above, further proceedings pursuant to Ext.P3 sale notice shall be stayed and in case default is committed, the Bank is at liberty to continue the proceedings already initiated without notice. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.19842/09 3