JUDGMENT

The petitioners have approached this Court challenging Exts.P3 and P4 notices. Ext.P3 is a demand notice issued in execution proceedings for the recovery of amounts due under an award passed under Section 70 of the Kerala Co-operative Societies Act , 1969, and Ext.P4 is an auction notice proposing to bring to sale separate extents of property belonging to the petitioners for recovery of amounts due from them.

2. It is the case of the learned counsel appearing for the petitioners that Petitioners 1 and 2, along with their sister Late Pennamma, had availed three separate loans, each secured by the mortgage of distinct items of property. It is submitted that after the demise of Late Pennamma, the bank issued a notice to the 3^rd petitioner (another sister of petitioners 1 & 2) as the legal heir and representative of the estate of Late Pennamma. It is submitted that, going by the law laid down by this Court in Karthiyayani Amma v. State of Kerala and Others , 1971 KHC 276 , a common notice for the sale of three separate items of property cannot be sustained in law. It is submitted that on this short ground, the impugned demand notice and the impugned sale notice are liable to