IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 WP(C).No. 34216 of 2005(W) -------------------------- PETITIONER: ------------ 1. RAJESH, S/O. SADANANDAN, PARAPPADIYIL, MYNAGAPPALLY NORTH, MYNAGAPPALLY VILLAGE, KUNNATHOOR TALUK. 2. AMMINI AMMA, D/O. CHINNAMMA, PARAPPALIYIL, MYNAGAPPALLY NORTH, MYNAGAPPALLY VILLAGE, KUNNATHOOR TALUK. BY ADV. SRI.T.GOPALAKRISHNAN RESPONDENTS: ------------- 1. THE BRANCH MANAGER, K.S.F.E. LTD., SASTHAMCOTTAH BRANCH. 2. GOPINATHAN, S/O. KRISHNAPPILLAI, THOTTUVATHAKKATHIL, KAKKAKUNNY P.O., INDHAKKADU. 3. RAJEEV, LATHA BHAVANAM, MANAKKARA, SASTHAMCOTTAH P.O. 4. REGHU, CHALAKKUZHIYIL, PERUVELIKKARA P.O., WEST KALLADA. BY ADV. SRI.A.K.JOHN, ADDL.SC., KSFE LTD. FOR R1 SRI.K.S.HARIHARAPUTHRAN,SC,K.S.F.E. LTD FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.34216/2005 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE REVENUE RECOVERY NOTICE SENT BY R1 DATED 07/11/2005. // TRUE COPY // PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ------------------------- W.P.(C) No. 34216 of 2005 --------------------------------- Dated, this the 23rd day of May, 2008 J U D G M E N T First petitioner is, admittedly, the surety for the loan availed by 2nd respondent from KSFE. Petitioners' case is that the property is in the joint names of both the petitioners, 1st petitioner being the surety and second petitioner, his mother. Obviously undivided right of the 1st petitioner can be attached and sold in recovery proceedings. However, since petitioner has a grievance that other sureties are not proceeded against, I dispose of the writ petition with direction to petitioners to pay 50% of the arrear amount within a period of two months from now. If 50% is paid, then recovery will be continued by the recovery authorities against other sureties for recovery of balance amount. However, if the amount is not paid by the petitioners as above, then the undivided right of the 1st petitioner in the property will be attached and sold in recovery proceedings for recovery of the above amount. It will be open to respondents to seek partition of the property, if so required, and to sell share of 1st petitioner for settlement. Petitioners will produce copy of the judgment for compliance. Nothing will stand in the way of the recovery authorities for recovery against the principal debtor and other sureties. (C.N.RAMACHANDRAN NAIR, JUDGE) jg