RADHA AND OTHERS Vs. SPECIAL SALE OFFICER

JUDGEMENT

(1.) The petitioners are the husband and wife. The first petitioner availed a loan for Rs. 25,000/- from the third respondent Bank, which is a Co-operative Society registered under the Kerala Co-operative Societies Act, 1969, on 17.2.1995. Thereafter, she availed a loan for Rs. 25,000/- each up to 1999. On 5.2.2013, the first petitioner availed a loan for Rs. 5,55,000/- and thereafter on 26.2.2015, she availed another loan for Rs. 1,50,000/-. The aforesaid loan transactions were made after mortgaging the first petitioner's property having an extent of 12.750 cents (5.16 Ares) comprised in S.No.1388/1/1 of Athirappilly Village. The second petitioner, who is her husband, is the co-borrower. While revising the loan for higher amount, another property of the first petitioner having an extent of 87.250 cents comprised in S.No.1387/20/4 of Athirappilly Village was offered as additional security. The petitioners have moved this Writ Petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents to provide sufficient time and instalment facility to pay off the amount due to the Bank. The further relief sought for is a writ of mandamus commanding the respondents to keep in abeyance further proceedings pursuant to Exhibit-P3 sale notice dated 25.6.2018 issued by the first respondent Special Sale Officer.

(2.) On 17.8.2018, when this Writ Petition came up for admission, urgent notice by speed post was ordered to respondents 1 to 3, returnable within three weeks.

(3.) On 17.8.2018, this Court passed the following interim order :