IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 3448 of 2007 Between: 1 B. Kishore Babu S/o late B. Koteswara Rao 2 B. Samrajyam, W/o Late B. Koteswara Rao (Both are R/o Cherukupalli Village, Guntur District) ..... PETITIONERS AND 1 A.P. Cooperative housing Society Federation Limited, rep by its Recovery Officer, Guntur, Guntur District. 2 A.P. Cooperative Housing Federation (House Fed), Baghlingampalli, beside sunderaiah Vignanakendram, rep by it Managing Director. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue any Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned sale conducted on 6-02-2007 by the 1st respondent as illegal, arbitrary, unconstitutional and against the principles of natural justice and consequently by setting a side the sale conducted on 6-02-2007 direct the respondents to furnish the details of loan account dues together with the particulars of death beneﬁts payable by the respondents to the petitioners consequent upon the death of the loanee and to pass such other order or orders. Counsel for the Petitioners: MR.K.SRINIVAS Counsel for the Respondents: MR.ARAVINDU MATURI The Court made the following ORDER: The father of the petitioner, by name Sri B.Koteswara Rao, raised loan from Cherukupalli Cooperative House Building Society for construction of a house. The said society is aﬃliated to A.P. Cooperative Housing Societies Federation Limited, the second respondent herein. It is stated that Koteswara Rao died in the year 2001. The second respondent initiated steps for recovery of the amount due and the property, which was oﬀered as security, was proceeded against. This writ petition is ﬁled challenging the sale of the property conducted on 06.02.2007. The grounds urged by the petitioners are mostly as regards the diﬀerence in the ﬁgures. According to them, their father borrowed only a sum of Rs.15,000/- and almost Rs.80,000/- was paid by the time the property was brought to sale. The respondents filed separate counter-affidavits. It is stated that the loan borrowed by Sri B.Koteswara Rao was Rs.60,000/- and except a sum of Rs.14,915/-, he did not clear the substantial portion of the loan amount or the interest and that the property was brought to sale strictly in accordance with the procedure prescribed by law. It is also stated that the petitioners did not raise any objection to the execution proceedings. Heard the learned counsel for the petitioners and the learned counsel for the respondents. There is a serious dispute as to the amount said to have been borrowed by the father of the petitioners as well as the amount which remains unpaid. This Court cannot undertake adjudication into such disputed questions of fact. The respondents contend that the petitioners did not participate in the execution proceedings. The property was already brought to sale. Having regard to the facts and circumstances of the case, the writ petition is disposed of, directing that (a) it shall be open to the petitioners to submit a representation before the ﬁrst respondent indicating the payments, if any, made by them or their father towards liquidation of the loan, within fifteen (15) day from today; (b) the ﬁrst respondent shall examine the same with reference to the record and inform the petitioners the amount that remains unpaid towards loan account; (c) it shall be open to the petitioners to pay the amount so indicated, within a period of four weeks from the date of intimation; (d) the conﬁrmation of the sale that took place on 06.02.2007 shall be deferred till the expiry of the period within which the petitioners are permitted to liquidate the loan. There shall be no order as to costs. ___________________ L.NARASIMHA REDDY,J Dt: 12.09.2008. Note: Issue cc in three days. (B/o) kdl