IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 W.P(C).No. 11481 of 2008(P) --------------------------------- CMP.5040/2007 of C.J.M.,TRIVANDRUM ............................................. PETITIONER: -------------- SARADA SOBHANA, W/O. RAVEENDRAN AGED 48, SANDHYA BHAVAN MANALOOR NEYYATTINKARA P.O., TRIVANDRUM DISTRICT. BY ADV. SRI.J.S.AJITHKUMAR RESPONDENTS: ----------------- 1. THE AUTHORISED OFFICER CHIEF MANAGER (ADVANCES), STATE BANK OF TRAVANCORE REGION-II, ZONAL OFFICE, TRIVANDRUM. 2. THE MANAGER, S.B.T. NEYYATTINKARA BRANCH, TRIVANDRUM DISTRICT BY ADV. SRI. R.S. KALKURA, SC FOR BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 11481 OF 2008 P = = = = = = = = = = = = = = = = Dated this the 7th April, 2008. J U D G M E N T Petitioner is a defaulter to the respondent bank. It is stated that a housing loan was availed of, default was committed, proceedings were initiated by the bank, Ext. P4 order under Section 14 of was obtained and possession is scheduled to be taken over today. It is at that stage this writ petition has been filed. All that is sought for by the petitioner is an instalment facility to discharge the liability. 2. I heard the Standing Counsel appearing for the respondents also. 3. Having regard to the submissions that are made by both sides, the writ petition is disposed of directing that subject to payment of 1/4th of the liability within two weeks from today, further proceedings pursuant to Ext. P4 will be deferred. It is directed that the balance amount will be paid by the petitioner in 3 W.P.(C) No. 11481 OF 2008 - 2 - equal monthly instalments, the first of which will be payable before 20th of May, 2008 and the subsequent instalments before 20th of June and July, 2008. It is clarified that in case default is committed by the petitioner in paying any one of the instalments, it will be open to the bank to continue the proceedings that are initiated. Irrespective of this, it is directed that in case the petitioner makes any request for an eligible consideration this judgment will not stand in the way of the bank in considering the said request. ANTONY DOMINIC JUDGE jan/-