IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 9407 of 2007(T)
1. CHINNAMMA, W/O.ULAHANNAN,
... Petitioner
Vs
1. THE JOINT REGISTRAR (GENERAL),
... Respondent
2. THE KUTTIKKAD FARMERS SERVICE
3. SALE OFFICER,
For Petitioner :SMT.S.MUMTAZ
For Respondent :SRI.JOHNSON MANAYANI
The Hon'ble MR. Justice K.M.JOSEPH
Dated :06/07/2007
O R D E R
K.M.JOSEPH, J.
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W.P.(C).NOs.9407 & 9126 of 2007
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Dated this the 6th day of July 2007
JUDGMENT
Petitioners are husband and wife. They availed a loan and
the property of the petitioner in W.P.(C)No.9126/07 came to be
mortgaged to the bank. The amount not being paid , the
property was brought to sale. The petitioner in
W.P.(C)No.9126/07 approached this court and obtained an
interim order of stay on condition of payment of Rs. 40,000/-
within one month. Petitioner in other writ petition namely the
wife also got an order of stay on 20/03/2007 on condition of
payment of Rs. 70,000/-. However it would appear that the stay
order was not communicated and the sale took place and that is
how the additional fourth respondent is made a party in the writ
petitions. The additional fourth respondent had bid at the auction
for an amount of RS. 7,01,000/-. He has deposited a sum of
Rs. 1,05.150/- on 22/03/2007.
2. Learned counsel for the petitioners submits that some
WPC NOs.9407/07 & 9126/07 2
breathing time may be given to the petitioners and the
petitioners are also prepared to pay compensation to the
additional fourth respondent as a condition for the sale not being
confirmed. Learned counsel for the Bank submits that the amount
due from the petitioners after giving credit to the amount already
paid would come to Rs. 2,42,965/-.
The writ petition is disposed of as follows:
If the petitioners pay the entire amount namely
Rs. 2,42,965/- within one month from today and also pay a sum
of Rs.15,000/- to the respondent Bank, the sale in favour of the
additional fourth respondent shall not be confirmed. The amount
of Rs. 15,000/- over and above Rs. 2,42,965/- received from the
petitioners shall be made over to the additional fourth respondent
along with Rs. 1,05,150/- within three days from the date of
receipt of the amount. In case petitioners fail to pay the amount
as aforesaid, the sale in favour of the additional fourth
respondent can be confirmed in accordance with law.
(K.M.JOSEPH, JUDGE)
sv.
WPC NOs.9407/07 & 9126/07 3