IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 WP(C).No. 1206 of 2011(A) ------------------------- PETITIONER(S): --------------- SACHIDANANDA KHANDERI, AGED 63 YEARS, S/O.DERAPPA T., R/AT.BHANDARATH MANE, KATTUKUKKE P.O., KASARAGOD DISTRICT. BY ADV. SRI.S.JIJI RESPONDENT(S): --------------- 1. THE KASARAGOD PRIMARY CO. OP. AGRL. & RURAL DEVELOPMENT BANK LTD., KASARAGOD, KASARAGOD DISTRICT, REP. BY ITS SECRETARY - 671121 2. THE SENIOR INSPECTOR/SALE OFFICER, THE KASARAGOD PRIMARY CO. OP. AGRIL. & RURAL DEVELOPMENT BANK LTD., KASARAGOD DISTRICT - 671121 BY ADV. SRI.T.SETHUMADHAVAN FOR R1 SRI.PUSHPARAJAN KODOTH FOR R1 GOVT.PLEADER SRI.P.M. MANOJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 1206 of 2011 APPENDIX: PETITIONER'S EXHIBIT: EXHIBIT P1: TRUE COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT. EXHIBIT P2: SALE PROCLAMATION NOTICE DATED NIL ISSUED BY THE 2ND RESPONDENT. EXHIBIT P3: REPRESENTATION FILED BY THE PETITIONER DATED 29.12.2010 RESPONDENTS' EXHIBITS: EXHIBIT R1(a): TRUE COPY OF THE DETAILS OF THE LOAN AND THE REMITTANCE MADE BY THE PETITIONER AND THE OVER DUE AMOUNT AND THE CLOSURE AMOUNT AS ON 23.3.2011. TRUE COPY P.A. TO JUDGE. kp/- P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 1206 OF 2011 -------------------------- Dated this the 1st day of July, 2011 J U D G M E N T Though a conditional order of stay was passed on 13.1.2011 staying the confirmation of sale pursuant to Ext.P2 sale notice in the event of the petitioner depositing with the second respondent the sum of Rs.One lakh on or before 31.1.2011 and a further sum of Rs.One lakh on or before 1.3.2011, the petitioner has not deposited the second instalment of Rs.One lakh. Therefore by order passed on 16.6.2011 it was declared that the interim order passed on 13.1.2011 stands automatically recalled. None appears for the petitioner. There was also no representation when the case was called on for hearing today. The writ petition is accordingly dismissed for default. P.N.RAVINDRAN, (JUDGE) vps