Sekharan Nair vs Mallappally Primary ...
2021 Latest Caselaw 14440 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE SUNIL THOMAS
        TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943
                        WP(C) NO. 6639 OF 2021
PETITIONER:

            SEKHARAN NAIR
            AGED 56 YEARS
            S/O. NARAYANAN NAIR, VARAKUKALAYIL HOUSE, NOORAMAVU
            P.O., MALLAPPALLY, PATHANAMTHITTA DISTRICT, PIN-689
            645.

            BY ADV B.PRAMOD



RESPONDENT:

    1       MALLAPPALLY PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL
            DEVELOPMENT BANK LTD. NO. PT234
            MALLAPPAY WEST P.O., MALLAPPALLY, PATHANAMTHITTA
            DISTRICT, PIN-689 645, REPRESENTED BY ITS SECRETARY.

    2       THE SPECIAL SALES OFFICER
            PCARD BANK LTD.NO.PT234, MALLAPPALLY, PATHANAMTHITTA
            DISTRICT, PIN-689 645.


OTHER PRESENT:

            SR.GP K.P HARISH




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.6639/2021                        2



                                  JUDGMENT

Service is complete on the respondents. No appearance.

The petitioner has availed a housing loan from the first respondent

bank in the year 2013 by mortgaging a property having an extent of 6.59

Ares comprised in Sy.No.322/2/2/1 of Anikkad Village Malappally Taluk.

Loan was availed by the petitioner's son, who died later while working in

abroad. According to the petitioner, due to untimely death of the son,

petitioner could not repay the amount regularly. Proceedings were initiated

for recovery and Ext.P4 sale proclamation was issued. Petitioner has

approached this court challenging the above proceedings.

2. It is submitted by the learned counsel for the petitioner that overdue

amount is Rs. 3,68,852/- as evident from Ext.P4. It is submitted by the

learned counsel for the petitioner that in part compliance of the order of this

court, a sum of Rs.50,000/- has been deposited on 12/7/2021. Having

considered the fact that the property proposed to be sold is a residential

property having substantial extent, I am inclined to dispose of the writ petition

itself with a direction that the petitioner shall pay the entire overdue amount

in 12 equal monthly installments commencing from 4/8/2021. He shall also

remit the regular monthly installment payable apart from the above

installment. In case of default of any one installment, the bank will be

entitled to proceed with the sale proceedings in continuation of Ext.P4 from

the stage where it was at the time of granting the stay by this court.

Recovery proceedings pursuant to Ext.P4 will be kept in abeyance as long as

remittances are made without default.

The writ petition is disposed of as above.

Sd/-

SUNIL THOMAS

Judge

dpk

APPENDIX OF WP(C) 6639/2021

PETITIONER ANNEXURE

EXHIBIT P1 A TRUE COPY OF THE BASIC TAX RECEIPT DATED 17.5.2010 IN RESPECT OF THE PETITIONER'S PROPERTY.

EXHIBIT P2 A TRUE COPY OF THE DEATH CERTIFICATE OF THE PETITIONER'S SON ISSUED BY THE MINISTRY OF INTERIOR, KINGDOM OF SAUDI ARABIA.

EXHIBIT P3 A TRUE COPY OF THE RECEIPT DATED 24.12.2019.

EXHIBIT P4 A TRUE COPY OF THE SALE PROCLAMATION DATED 15.1.2021 ISSUED BY 2ND RESPONDENT.