IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 24TH AUGUST 2007 / 2ND BHADRA 1929 WP(C).No. 23458 of 2007(P) -------------------------- PETITIONER: ------------ 1. SMITHA.P., D/O.GANGADHARAN NAIR, PUTHALAT HOUSE,NARIKUNNI POST, KOZHIKODE DISTRICT. 2. LEELAMMA, PUTHALAT HOUSE, NARIKUNNU POST,KOZHIKODE DISTRICT. BY ADV. SRI.FEBIN.A.K. RESPONDENTS: ------------- 1. MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD, KALLAYI BRANCH, KALLAYI ROAD,KOZHIKODE. 2. SPECIAL DEPUTY TAHSILDAR, KSFE LTD,KALLAYI ROAD, KOZHIKODE. 3. V.K.VIJAYAN, VATHILAPALLIL HOUSE, OLVANANNA P.O.,KOZHIKODE DISTRICT. BY ADV. SRI.K.S.HARIHARAPUTHRAN,SC,K.S.F.E. LTD SMT.T.RESMI DAMODARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/08/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No. 23458/2007 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE REVENUE RECOVERY NOTICE DATED 01/06/2007. P2 : COPY OF THE REVENUE RECOVERY NOTICE DATED 01/06/2007. P3 : COPY OF THE DETAILS OF CHITTY ACCOUNTS. // TRUE COPY // PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ----------------------------------- WP(C) No. 23458 of 2007 ------------------------- Dated, this the 24th day of August, 2007 J U D G M E N T Petitioners are challenging sale of property mortgaged by them for the loan availed by 3rd respondent from 1st respondent. The case of 3rd respondent is that real borrowers are petitioners and that is why they offered their property towards security. I do not think there is any need for this Court to consider this issue because mortgaged property, being the security, has to be necessarily sold if arrears are not paid. However, since petitioners have paid Rs. 60,000/- and the balance is around Rs. 2.5 lakhs, petitioners are granted time till 31/10/2007 to pay the balance arrears, failing which mortgaged property can be sold. Petitioners can enter into agreement for sale of the mortgaged property but sale deed will be executed only after clearing the arrears due to the 1st respondent. It is for the petitioners to settle the dispute with the principal debtor elsewhere. This writ petition is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE.) jg