IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 WP(C).No. 25632 of 2008(B) -------------------------- PETITIONER: ------------ KANDANGODAN RUKHIYA, KUNJIMVALAPPIL, ELANNUR, P.R.NAGAR P.O., KANNUR. BY ADV. SRI.CIBI THOMAS RESPONDENTS: ------------- PORORA SERVICE CO-OPERATIVE BANK, REPRESENTED BY ITS SECRETARY, PORORA, KANNUR. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.25632 OF 2008 ------------------------------------------- Dated this the 26th day of August, 2008 JUDGMENT Having regard to the nature of the order being issued hereunder, notice to the respondent dispensed with, preserving its right to move for review of this judgment, if aggrieved. 2. The petitioner availed a loan stated to be in connection with the marriage of her daughter. According to the petitioner, her husband is a daily rated coolie worker and the loan was availed by mortgaging an item of property. She concedes that she was unable to pay off the debt. I do not find any jurisdictional error or legal infirmity in the impugned proceedings which have been generated on the basis of an arbitration award of the year 2001- 02 and an execution petition of the year 2003-04. Having found no legal infirmity in the impugned order, learned counsel for the petitioner confines the submissions to request that the petitioner may be permitted to pay off the WPC.25632/08 Page numbers outstandings in instalments. He accordingly, states that the petitioner gives up all other contentions. Under such circumstances, this writ petition is ordered directing that the impugned distress action will stand deferred if the petitioner remits the entire outstandings in six equal monthly instalments, payable on or before the 15th of every month, commencing from September, 2008. However, if there is default in remitting any of the instalments as aforesaid, the benefit of this judgment shall stand recalled automatically and distress action shall follow. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.27/8.