IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 WP(C).No. 21424 of 2009(W) -------------------------- PETITIONER(S): ------------------ C.K.VALSALA BAI, CHANDURUTHIL, THURAVOOR SOUTH, CHERTHALA. BY ADV. SRI.J.OM PRAKASH RESPONDENT(S): ------------------- 1. THE ALAPPUZHA DISTRICT CO-OPERATIVE BANK LTD., REPRESENTED BY ITS GENERAL MANAGER, ALAPPUZHA. 2. THE SPECIAL SALE OFFICER, THE ALAPPUZHA DISTRICT CO-OPERATIVE BANK LTD., ALAPPUZHA. SRI.P.K.VIJAYAMOHANAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 21424 OF 2009 (W) ===================== Dated this the 29th day of July, 2009 J U D G M E N T Petitioner submits that she was the surety to a loan availed of by her son. Default was committed and the property belonging to the petitioner, which was mortgaged, is now brought for sale, and the sale is scheduled to take place tomorrow. In this writ petition, although several pleas have been raised, all that is prayed is that the petitioner be given an instalment facility to discharge the liability and thus save her property from a distress sale. 2. I heard the standing counsel appearing for the Bank also. 3. Now that the petitioner expressed her desire to liquidate the liability and thus save the property that is brought for sale, I am inclined to think that the petitioner should be given an opportunity to save the properties. 4. Accordingly, I dispose of this writ petition with the following directions. 1) That the petitioner shall pay 1/4th of the amount due WPC 21424/09 :2 : before 12 noon on 30/7/2009. 2) Subject to such payment, sale scheduled as per Ext.P1 will be deferred. 3) If the petitioner complies with the aforesaid condition, she will be permitted to pay the balance amount in six equal monthly instalments. 4) The first instalment shall be paid before 30th of August, 2009 and the subsequent instalments before 30th of every succeeding month. 5) It is clarified that in case the petitioner commits default in paying anyone of the instalments, the respondents will be free to continue the proceedings. ANTONY DOMINIC, JUDGE Rp