1The question that arises for consideration in this original petition is, whether a member of a cooperative society, who availed of a non agricultural loan after executing a declaration creating a charge on all his properties, would be legally justified in preventing the sale officer from proceeding with the sale of his other properties without proceeding against the mortgaged property for realisation of the amount covered in the arbitration award? In other words, whether, under Ss.36 and 76 of the Kerala Cooperative Societies Act read with R.51, 72, 74 and 75 of the Rules framed thereunder, the sale officer can legally proceed with the sale of other immovable properties of the defaulter first, without proceeding against the properties mortgaged for realising the amount covered in the arbitration award? The answer is, yes, the sale officer can.

2The facts necessary for the disposal of the original petition are as follows: The petitioner applied for a loan of Rs. 10,000/- on 23-4-1986, for the construction and repairs of her house. She, along with her husband Chacko, executed a guarantee bond making a charge on all their properties for repayment of the loan amount. Along with the a