IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 WP(C).No. 10790 of 2009(P) -------------------------- CMP.130/2009 of C.J.M.,TRIVANDRUM ................... PETITIONER(S): --------------- 1. RAMESH KUMAR, PLAVANARA PUTHEN MADOM, T.C.54/1305-1, EDATHURTHI, MELAMCODE, NEMOM P.O., THIRUVANANTHAPURAM. 2. INDIRAJITH, PLAVANARA PUTHEN MADOM, T.C.54/1305-1, EDATHURTHI, MELAMCODE, NEMOM P.O., THIRUVANANTHAPURAM. 3. VAISAKH, PLAVANARA PUTHEN MADOM, T.C.54/1305-1, EDATHURTHI, MELAMCODE, NEMOM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.B.S.SWATHY KUMAR SMT.P.A.ANITHA RESPONDENT(S): --------------- 1. UNION BANK OF INDIA, REPRESENTED BY ITS GENERAL MANAGER, THIRUVANANTHAPURAM. 2. THE AUTHORISED OFFICER/ASSISTANT GENERAL MANAGER, UNION BANK OF INDIA, THIRUVANANTHAPURAM BRANCH, UNION BANK BHAVAN, M.G.ROAD, THIRUVANANTHAPURAM. 3. THE MANAGER, UNION BANK OF INDIA, THIRUVANANTHAPURAM BRANCH, UNION BANK BHAVAN, M.G.ROAD, THIRUVANANTHAPURAM. 4. SANTHOSH KUMAR, T.C.41/385, INDIRA BHAVAN, MANACAUD, THIRUVANANTHAPURAM. R1 TO R3 BY ADV.SRI.A.S.P.KURUP, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.10790 OF 2009 ------------------------------------------- Dated this the 2nd day of April, 2009 JUDGMENT Heard. The petitioners have purchased an item of property which was mortgaged to the respondent bank. The petitioners were quite aware of the mortgage since the sale deed reflects the same. There is no jurisdictional error or legal infirmity in the impugned proceedings. The limited request made today is for opportunity to repay the entire outstandings by deferring distress action by three months. This is recorded. No other grounds are pressed. Hence, it is directed that the impugned distress action will stand deferred by three months on condition that the petitioners deposit the total outstandings in three equal monthly instalments, payable on or before the 30th of every month commencing from April, 2009. However, if there is default in remitting any of the instalments as aforesaid, the benefit of this judgment will stand recalled automatically and distress action will follow. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.3/4.