Chandrashekhara Bhat K vs The Joint Registrar Of ...
2022 Latest Caselaw 8784 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
        THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                       WP(C) NO. 11941 OF 2022
PETITIONER:

            CHANDRASHEKHARA BHAT K.
            AGED 64 YEARS
            S/O.ACUTHA BHAT, KAJAMPADY HOUSE, MANJESHWAR TALUK,
            PADRE P.O., KASARAGOD DISTRICT, PIN - 671 552.

            BY ADVS.
            PUSHPARAJAN KODOTH
            K.JAYESH MOHANKUMAR
            VANDANA MENON
            VIMAL VIJAY



RESPONDENTS:

    1       THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL)
            KASARAGOD - 671 121.

    2       THE SPECIAL SALE OFFICER
            MANJESHWARAM PRIMARY CO-OPERATIVE AGRICULTURAL AND
            RURAL DEVELOPMENT BANK LTD.NO.538, P.O.UPPALA,
            KASARAGOD, PIN - 671 322.

    3       THE MANJESHWARAM PRIMARY CO-OPERATIVE AGRICULTURAL AND
            RURAL DEVELOPMENT BANK LTD.
            NO.538, P.O.UPPALA, KASARAGOD, PIN - 671 322,
            REPRESENTED BY THE SECRETARY.

            SMT. MABLE C. KURIAN, SR.GP.




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11941 OF 2022


                                    2



                          T.R. RAVI, J.
           --------------------------------------------
                   W.P.(C)No.11941 of 2022
            --------------------------------------------
               Dated this the 7th day of July, 2022

                           JUDGMENT

The petitioner has approached this Court seeking

permission to pay off the amounts due to the 3 rd respondent in

easy instalments. This Court had issued an interim order staying

further proceedings for recovery on condition that the petitioner

pays a sum of Rs.50,000/-. It is submitted that the said amount

has been deposited.

2. The counsel for the respondents 2 and 3 on

instructions submits that petitioner can be permitted to pay the

amount in instalments.

In the above circumstances, this writ petition is disposed

of directing the petitioner to pay the overdue amount in ten

equal monthly instalments, the first instalment falling due on or

before 10.08.2022 and the subsequent instalments falling due

on or before the 10th day of the succeeding months. The above

said instalments shall be paid along with the regular monthly WP(C) NO. 11941 OF 2022

instalments. If the petitioner makes default in payment of two

consecutive instalments, the respondents will be at liberty to

continue with the coercive steps for recovery. Steps for recovery

shall be kept in abeyance to facilitate the payment of

instalments.

Sd/-

T.R.RAVI JUDGE LEK WP(C) NO. 11941 OF 2022

APPENDIX OF WP(C) 11941/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE CARD NO.160103779 ISSUED BY THE GOVERNMENT OF KERALA TO THE PETITIONER'S MOTHER.

Exhibit P2 TRUE COPY OF THE SALE NOTICE DATED 15/03/2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER PUTTING THE PROPERTY MORTGAGED BY THE PETITIONER TO 21/04/2022.