IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 WP(C).No. 2419 of 2009(K) ------------------------------------- PETITIONER: ------------------- N.K.SHAJI, S/O.KUTTAN, AGED 37 YEARS, NAMBATTY HOUSE, P.O.NATTIKA, THRISSUR DISTRICT. BY ADV. SRI.A.M.BABU. RESPONDENTS: ------------------------ 1. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES/SALE OFFICER, THE THRISSUR DISTRICT CO-OPERATIVE BANK LTD, THRISSUR - 680022. 2. THE GENERAL MANAGER, THE THRISSUR DISTRICT CO-OPERATIVE BANK LTD, THRISSUR -680022. 3. JOINT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES, THRISSUR. 4. SMT. KALYANI, W/O.KUTTAN, AGED 68 YEARS, NAMBATTY HOUSE, P.O.NATTIKA, THRISSUR DISTRICT. 5. N.K.SUBRAMANHAN, S/O.KUTTAN (DIED AS UNMARRIED) AGED 46 YEARS, NAMBATTY HOUSE, P.O.NATTIKA, THRISSUR DISTRICT. 6. N.K.UNNIKRISHNAN, S/O.KUTTAN AGED 43 YEARS, NAMBATTY HOUSE, P.O.NATTIKA, THRISSUR DISTRICT. W.P.(C). NO.2419/2009-K: 7. N.K.PREMALATHA, D/O.KUTTAN, AGED 40 YEARS, NAMBATTY HOUSE P.O.NATTIKA, THRISSUR DISTRICT. 8. N.K.RAJESH, S/O.KUTTAN, AGED 35 YEARS, NAMBATTY HOUSE, P.O.NATTIKA, THRISSUR DISTRICT. R1 & R2 BY ADV. SRI. P.C. SASIDHARAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.2419 of 2009-K ================================== Dated this the 22nd day of January, 2009. JUDGMENT The name of the fifth respondent is struck off from the array, as he is dead. Petitioner and respondents 6 to 8 are the children of the fourth respondent. An item of property is brought to sale in execution of an arbitration award under the Kerala Co-operative Societies Act, 1969 obtained as against the petitioner following a loan availed by him from the second respondent. The award has become final. Execution proceedings cannot be faulted, except to the extent that, all payments made has to be given due credit. Petitioner states that the property brought to sale belonged to his father late Kuttan and that respondents 6 to 8 are also the heirs of Kuttan, apart from the petitioner. Petitioner had a brother Subramaniam, whose name WPC2419/09 -:2:- is today struck off from the party array. Ext.P3 shows that Subramaniam died on 31-10-2008. It is stated that he was sick and required prolonged treatment. Petitioner, who was having some activity in dealing with second hand motor vehicles, has now found employment abroad and following Ext.P4, he is likely to join an employer in the Arab Emirates. Taking all factors into consideration and treating the petitioner’s case as an extra-ordinary one, it is ordered that, if the petitioner remits Rs.50,000/- within one month from today and continues to remit at the rate of Rs.30,000/- per month, the impugned sale will be deferred for three months, within which time, the second respondent will take a decision as to how the petitioner could be given a facility to tide over the situation even by making prompt payments from the earnings that he may draw while working abroad. It is further ordered that all amounts WPC2419/09 -:3:- paid will be given due credit to, by the competent authority. Writ petition ordered accordingly. Thottathil B.Radhakrishnan, Judge. sl.