IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 WP(C).No. 32274 of 2008(P) ----------------------------------------- PETITIONER(S): ------------------------ P.K.ANTONY, PADIPARAMBIL HOUSE, MOOLAMKUZHI,MUNDAMVELI.P.O, KOCHI-682007. BY ADV. SMT.JAYASREE MANOJ RESPONDENT(S): --------------------------- VIJAYA BANK, WILLINGDON ISLAND, KOCHI- 682003, REPRESENTED BY ITS BRANCH MANAGER. ADV. SRI. K.ANAND, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------ W.P.(C) NO. 32274 OF 2008 (P) ------------------------------------------------------ Dated this the 4th day of November, 2008 J U D G M E N T When this matter is taken up today, the learned counsel for the petitioner states that his client and certain elder persons, whom he had inducted as tenants, have been thrown out without any homestead and that the petitioner gives up all other contentions and he may be given one month's time to pay off the entire outstandings. Petitioner is also prepared to pay a portion of the total outstandings as an immediate measure to be put back in possession. 2. The default in the loan resulted in SARFAESI Act proceedings, which went upto dispossession with the aid of an order under Section 14 of that Act. Actual physical possession has been taken over and there is no ground to put the petitioner back in possession. Repelling all other contentions and recording the undertaking of the writ petitioner, this writ petition is ordered directing that if the petitioner remits an amount of Rs.75,000/- within a period of one week, he W.P.(C) No.32274/2008 -2- will be put back in occupation, but not in possession as understood in law and shall be permitted to continue in occupation for a period of one month from today. Until that time, any further action by way of sale etc. would be held back to give the petitioner an opportunity to pay off the entire remaining outstandings. If the petitioner does not comply with any of the conditions as afore-directed, the bank will be entitled to forthwith proceed with further action. THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/5/11