IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT APPEAL NO : 447 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 03/03/2008 in WP NO : 3040 OF 2008 on the file of the High Court.) Between: V. Krishna Veni, W/o. Late V. Narasimhulu, Resident of D.No. 1/433-1, Maruthi Nagar, Kadapa, Kadapa District. ..... APPELLANT AND 1 A.P. State Financial Corporation, rep by its Managing Director, Chirag Ali Lane, Hyderabad - 500 001. 2 Senior Branch Manager, A.P. State Financial Corporation, D.No. 7/605 Upstairs, Jayanagar Colony, Kadapa, Kadapa District. 3 Senior Deputy Tahsildar (Revenue Recovery), A.P. State Financial Corporation, D.No. 7/605 Upstairs, Jayanagar Colony, Kadapa, Kadapa District. .....RESPONDENT(S) Counsel for the Appellant:MR.R.V.SUBBA RAO Counsel for the Respondent No.: MR.Y.V.RAVI PRASAD The Court made the following : JUDGMENT: (Per Anil R. Dave, CJ) At the request of the learned advocates, this appeal, which is filed against an interlocutory order dated 3-3-2008 passed in WPMP No.3971 of 2008 in W.P.No. 3040 of 2008 is finally heard today. The learned Advocate appearing for the appellant, who is a guarantor in respect of a debt which was due by her husband, has submitted that while granting relief to the appellant-petitioner, the learned single Judge has not given sufficient time to make the payment of the amount payable to respondents 1 and 2. It has been submitted by the learned advocate that the appellant is a widow and she is not having sufficient funds at this juncture, so it is difficult for her to manage to pay the entire amount of Rs. 20.15 lakhs within two months from 3-3-2008 as directed by this Court. It has been submitted by him that if some more time is given, the appellant will surely manage to make the payment. On the other hand, the learned advocate appearing for the respondents-creditors has submitted that the learned single Judge was kind enough to grant sufficient time to the appellant and that too a megre amount was directed to be paid by the appellant. It has been stated by him that at this juncture neither interest nor expenses are to be paid by the appellant and, therefore, no further relief should be given to the appellant. We have heard the learned advocates. Looking to the facts that the principal debtor has already expired and the appellant who is one of the guarantors has to discharge the debt, it would be just and proper if some more relief is granted to the appellant. Looking to the facts of the case, we grant further time up to 3rd July, 2008 to pay Rs.20.15 lakhs on a condition that half of the amount shall be paid on or before 15-5-2008 and the remaining half shall be paid before 3rd July, 2008. The interim relief granted by the learned single Judge stands modified as above with a condition that if the amount is not paid within the period stipulated hereinabove, the order passed by the learned single Judge shall come into force and it would be open to the respondents- creditors to take appropriate action as directed by the learned single Judge. The appeal stands disposed of with the aforestated modification. There shall be no order as to costs. _______________________ ANIL R. DAVE, CJ __________________________ R. SUBHASH REDDY, J 25th April, 2008 GRR To 1. 2.2 CD copies