SANTHA W/O LATE RAJAN Vs. ENGANDIYUR FARMERS SERVICE CO-OPERATIVE BANK LTD REPRESENTED BY ITS MANAGER

JUDGEMENT

(1.) The petitioner who availed a loan for Rs.1, 70, 000/- from the first respondent Co-operative Bank, in order to meet the marriage expenses of her second daughter, by mortgaging her property having an extent of 2.02 Ares, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents to permit her to pay off the entire dues outstanding in the loan account, with interest, in 20 equal monthly instalments and till then to keep in abeyance all further recovery steps pursuant to Ext.P5 sale notice, in so far as it relates to her property (Serial No.2 in Ext.P5).

(2.) On 14/6/2018, when this writ petition came for admission, this court admitted the matter on file. Notice by speed post was ordered to respondents 1 and This court has also granted an interim stay of further proceedings pursuant to Ext.P5 sale notice in respect of the petitioner's property for a period of one month on condition that the petitioner remits an amount of Rs.35, 000/- (Rupees thirty five thousand only) to the respondents on or before 20/06/2018.

(3.) Heard the learned counsel for the petitioner, the learned counsel for the first respondent Bank and also learned Government Pleader appearing for the second respondent Special Sale Officer.