IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 W.P(C).No. 8827 of 2008(A) --------------------------------- PETITIONERS: --------------- 1. P.KRISHNAN, AGED 70 YEARS, APSARA, OPPOSITE S.D.V., CENTRAL SCHOOL, ALAPPUZHA - 1. 2. VIJAYAMMA B., AGED 63 YEARS, W/O.P.KRISHNAN, APSARA, OPP.S.D.V. CENTRAL SCHOOL, ALAPPUZHA - 1. 3. HARI.K., AGED 33 YEARS, S/O.P.KRISHNAN, APSARA, OPP.S.D.V. CENTRAL SCHOOL, ALAPPUZHA - 1. BY ADV. SRI.B.S.SIVAJI RESPONDENTS: ----------------- 1. THE SENIOR MANAGER, UCO BANK (A GOVT. OF INDIA UNDERTAKING) ALAPPUZHA BRANCH (0996) P.B.NO.4002, CULLEN ROAD, ALAPPUZHA - 688 011. 2. THE AUTHORISED OFFICER, UCO BANK, ALAPPUZHA BRANCH, P.B.NO.4002, CULLEN ROAD, ALAPPUZHA - 688 011. BY ADV. SRI. GEORGE K. VARGHESE, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 8827 OF 2008 A ==================== Dated this the 18th day of March, 2008 J U D G M E N T The challenge in this writ petition is against Ext.P3, an auction notice published by the Bank for sale of the property mortgaged by the petitioners as security for the loan availed of. Going by Ext.P3, the liability is about Rs.5 lakhs and the auction is to take place tomorrow. It is at the last minute this writ petition has been filed. Though for the delay itself the petitioners should be denied relief, still having regard to the facts, I direct that the sale shall be deferred by the Bank provided the petitioners remits 50% of their dues before the auction takes place tomorrow. If petitioners pay as above, the sale will be adjourned and the balance amount due from the petitioners will be permitted to be paid in three equal monthly instalments payable before 30th of April, 30th of May and 30th of June, 2008. It is clarified that in case default is committed by the petitioners in paying as above, Bank will be free to continue the action that it has already initiated. Writ petition is disposed of as above. ANTONY DOMINIC,JUDGE. Rp