IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 WP(C).No. 25700 of 2008(H) -------------------------------------- PETITIONER: --------------------- RUKIYA, W/O.LATE.KUNHIMON, RAYAMARAKKAR VEEDU, KADPRAM P.O., KARUKKAMAD, TRISSUR. BY ADV. SMT.S.MUMTAZ RESPONDENTS: ---------------------- 1. GURUVAYOOR CO-OPERATIVE URBAN BANK LTD NO.F.1652, BLANGAD BRANCH REPRESENTED BY THE BRANCH MANAGER, EDAKKAZHIYOOR, TRISSUR. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY, CO-OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. STANDING COUNSEL SRI.DEVAPRASANTH P.J. FOR R1 BY SENIOR GOVERNMENT PLEADER SMT. ANU SIVARAMAN FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ----------------------------------------------- W.P.(C) NO.25700 OF 2008 (H) ----------------------------------------------- Dated this the 26th day of August, 2008 J U D G M E N T The petitioner availed a loan from the first respondent bank. It was not repaid. She obtained Ext.P4 judgment on 23-10-2007 in a writ petition on the request that she may be permitted to wipe off the amount in instalments. This Court was benevolent in granting that relief, as sought for. It was also directed that if any single instalment is not paid, the petitioner will lose the benefit of that judgment. She did not make payments in terms of that judgment and is now facing the sale proceedings. The learned counsel for the respondents rightly points out that there is no jurisdictional error or legal infirmity to drag on the sale proceedings. I do not find any ground to interfere with the impugned distress action. Hence, this writ petition is dismissed. However, it is W.P.(C) No.25700/2008 - 2 - clarified that this judgment will not stand in the way of the bank considering any request of the petitioner to adjourn the sale, if the bank is satisfied of the circumstances, by way of payments, for the adjournment of sale. THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/27/8