IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 WP(C).No. 32314 of 2008(V) ----------------------------------- PETITIONER : ---------------- TESSY JOSEPH, 44 YEARS, W/O.JOSEPH, 1/185 MUTTAM, THAIKATTUKARA.P.O, ALUVA-683106. BY ADV. SRI.A.F.SEBASTIAN RESPONDENTS : ------------------- 1. STATE BANK OF INDIA REPRESENTED BY THE AUTHORISED OFFICER/REGIONAL MANAGER, STATE BANK OF INDIA, REGION-11,Z.O, ERNAKULAM. 2. THE BRANCH MANAGER,STATE BANK OF INDIA, ALUVA TOWN. 3. THE RESERVE BANK OF INDIA, REPRESENTED BY ITS GOVERNOR, CENTRAL OFFICE, MUMBAI-400001. 4. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, MINISTRY OF BANKING AFFAIRS, NEW DELHI. BY ADV.SRI.K.K.CHANDRAN PILLAI, SC, SBI - R1 & 2 SRI.P.PARAMESWARAN NAIR, ASST. S.G.OF INDIA - R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ================================ W.P.(C).No.32314 of 2008 - V =============================== Dated this the 5th day of November, 2008. J U D G M E N T Petitioner's husband availed certain loans. The petitioner states that she was a guarantor and co-owner of the properties which were provided as security properties. Petitioner's husband challenged the SARFAESI Act proceedings. He fundamentally projected, apart from legal grounds, his health situation. Ext.P7 judgment was issued by this Court, obviously taking a very lenient view to let the debtor pay off the debt in a phased manner by initial deposit of Rs.5,00,000/- and remaining in 12 monthly instalments. The total outstanding is around 30 to 35 lakhs of rupees. Ext.P7 judgment has been affirmed in Ext.P8, by the Division Bench. If time for enjoying that benevolence has run out, it is for the petitioner to seek appropriate reliefs in the light of Ext.P8 judgment of the Division Bench. The issue raised in this writ petition cannot be permitted to be agitated. They are concluded by the statutory principles of finality of judgments and those akin to res judicata. Public policy calls for enabling piece- W.P.(C).No.32314 of 2008 - V 2 meal contentions and repeated scouting of courts. The writ petition fails and is accordingly dismissed, preserving the right of the petitioner and her husband to work out, if any remedy is available, in accordance with law, on the basis of Exts.P7 and P8. THOTTATHIL B. RADHAKRISHNAN, JUDGE bkn/-