BALAKRISHNA PILLAI Vs. KONGORPILLY FARMERS SERVICE

JUDGEMENT

(1.) Respondent obtained an award for recovery of certain amount from Petitioners in A.R.C. No. 559 of 2001. Pursuant to the award, property of Petitioners was sold under the provisions of the Kerala Co-operative Societies Act on 24.06.2001. The sale was confirmed on 05.06.2001 and sale certificate was issued in favour of the Respondent/decree holder/auction purchaser. In the year, 2002, Respondent filed E.P. No. 107 of 2002 in the court of learned Sub Judge-II, North Paravur with a prayer for delivery of property. On 18.11.2010 Petitioners filed this Original Petition requesting permission to deposit the amount due to the Respondent and direct Respondent to re-convey the property to the Petitioners. Certain other alternative reliefs are also prayed for.

(2.) Respondent appeared through counsel and undertook that it will not take delivery of property for a period of ten days from the date of order (22.11.2010). That order was later extended and now remains in force.

(3.) In the meantime the request made by Petitioners to the Respondent to permit them pay the entire amount due and take back the property was placed before the general body of Respondent on 03.07.2011. The general body accepted the request of Petitioners for re-conveyance of property on condition of their paying the entire amount due upto day, interest and cost for such re-conveyance. Now Respondent is awaiting approval of the Registrar of Co-operative Societies for the said decision.