IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 WP(C).No. 17556 of 2009(L) -------------------------- PETITIONER(S): ----------------- SAJAD MOHAMMED, ANITHA MANZIL, MANNORKONAM, NEDUMANGADU, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.D.KISHORE RESPONDENT(S): ------------------- 1. THE PALODE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., NO.T 862 PALODE, KARIMONKODU P.O., THIRUVANANTHAPURAM DISTRICT REPRESENTED BY ITS SECRETARY. 2. THE SPECIAL SALE OFFICER, PALODE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., NO.T 862 PALODE, KARIMONKODU P.O., THIRUVANANTHAPURAM DISTRICT. 3. SAJIMSHA, A.H.K.HOUSE, KALLIYODE, PANAVOOR P.O., NEDUNGADU. ADV. SRI.RAM MOHAN.G. FOR R1 SRI.G.P.SHINOD FOR R1 SRI.MANU V. FOR R1 GOVT.PLEADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 17556 OF 2009 (L) ===================== Dated this the 13th day of July, 2009 J U D G M E N T Petitioner is a guarantor to a loan availed of by the 3rd respondent from the 1st respondent Bank. Default was committed and proceedings have been initiated by the 1st respondent. After complying with all procedural formalities, property belonging to the petitioner is now scheduled to be sold on 23/7/2009 and going by Ext.P2 sale notice, the amount due is Rs.6,29,380/-as on 8/6/2009. In this writ petition, petitioner is not disputing the liability or its quantification, but is only seeking an instalment facility to discharge the same. 2. I heard the counsel appearing for the 1st respondent also. 3. Having regard to the limited nature of the relief that is sought and since the petitioner has expressed his willingness to discharge the liability, I am inclined to think that the petitioner should be given yet another chance to liquidate the debt and save the property from a distress sale. 4. Having regard to the above, I dispose of this writ WPC 17556/09 :2 : petition with the following directions. (1) That ¼ th of the amount due shall be remitted by the petitioner before 11.30 a.m on 23/7/2009. (2) Subject to such remittance, the sale now scheduled by Ext.P2 will be adjourned. (3) The balance amount due from the petitioner will be permitted to be paid by the petitioner in six equal monthly instalments, the first of which will be payable on or before 23th of August, 2009 and the subsequent instalments shall be paid on or before 23th of every succeeding month. (4) Subject to payment as above, the sale scheduled shall not be held, and in case default is committed in paying any of the instalments, the respondents will be free to proceed with the sale. ANTONY DOMINIC, JUDGE Rp