M.R. Hariharan Nair, J.

Petitioner is a debtor of the first respondent bank. For recovery of the amounts due from the petitioner his properties were notified for sale. In Ext. P7 it is mentioned that 1.4 acres of land comprised in survey No. 362/1 of Desamangalam Village would be sold in auction on 17.8.1995. The contention of the petitioner is that for recovery of the amounts due, which is actually less than Rs. 20.000/. the entire property need not be sold and that such sale is also violative of Ss.16(3) and 18 of the Kerala State Cooperative Agricultural Development Banks Act, 1984 as also R.18 framed thereunder.

2. I have heard learned counsel for the respondent. It is stated that pursuant to the interim order of this court in C.MJP. 22945/95 the petitioner has paid Rs. 15,000/., that even after crediting the amount further amounts are due and that the sale has to be conducted.

3. S.16(3) of the aforesaid Act provides that the sale officer appointed by the Registrar can conduct sale of the land of the defaulter, but cautions that the distraint shall not be excessive and the value of the property distrained shall be, as nearly as possible, equal to the amount due and th