IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 RP.No. 189 of 2008 ----------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.35745/2007 Dated 10/12/2007 ................... REVIEW PETITIONER/PETITIONER ----------------------------------------- PUSHPANGATHAN, AGED 60, S/O.VELAYUDHAN, RESIDING AT T.C.39/1620(4) DEVI VIHAR, MANACAUD PO., THIRUVANANTHAPURAM. BY ADV. SRI.S.M.ALTHAF SRI.HARISH GOPINATH RESPONDENTS: RESPONDENTS ------------------------------------ 1. THE AUTHORISED OFFICER, STATE BANK OF INDIA, S.I.B.BRANCH, GAS HOUSE JUNCTION, THIRUVANANTHAPURAM - 01. 2. VYAS SANKAR VISWANATHA, AGED 32, S/O.VISWANATHAN, RESIDING AT TC 37/1109. THAMMAN STREET, FORT, THIRUVANANTHAPURAM. BY ADV. SRI. K.K. CHANDRAN PILLAI, SC FOR SBI THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 14/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ANTONY DOMINIC, J. ================= R.P.No.189 OF 2008 IN W.P.(C) NO. 35745 OF 2007 E ====================== Dated this the 14th day of February, 2008 O R D E R The review sought is for modifying the direction in the judgment and thus enable the petitioner to arrange for private sale of the mortgaged properties. It is submitted by the counsel for the petitioner that to prove his bonafides, he has already remitted Rs.2 lakhs towards the total liability. According to the counsel, if the property is sold as suggested by him, he will be able to raise sufficient resources for liquidating the liability and in order to do that, the petitioner prays that he may not be dispossessed from the property for two months and in the meanwhile he undertakes that the liability will be discharged. 2. Although in the judgment under review, instalment facility has been granted, even according to the petitioner except Rs.2 lakhs that has already paid, petitioner has not made other RP No.189/2008 :2 : payments. Whether he can be permitted to proceed with the private sale of the mortgaged property is a matter for agreement between the Bank and the petitioner. The property being a mortgaged one, this Court cannot compel the Bank to permit a private sale. 3. However having regard to the fact that the petitioner is earnestly attempting to raise the resources to liquidate the liability, I direct that the time for next instalment payable will stand enlarged till 31/3/2008. In the meanwhile, either the petitioner should liquidate the liability in full or he should continue the payment of instalments from 31/3/2008 onwards. Review petition is disposed of as above. ANTONY DOMINIC,JUDGE. Rp