IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 OP.No. 32759 of 2000(Y) ----------------------- PETITIONER(S): --------------- 1. P.M. SALEEM, SON OF MUTHU, RESIDING IN PULICHARAM VEEDU, PATTIKKARA DESOM, CHIRANALLOOR VILLAGE, THALAPPILLY TALUK, MUSLIM, MAKKUVAZHI, BUSINESS, AGED 30 YEARS. 2. FAMIMA, WIDOW OF MUTHU, RESIDING IN DO.DO., MUSLIM WOMAN, HOUSE WIFE, AGED 65 YEARS. 3. SAJITH, SON OF MUTHU, RESIDING IN DO.DO. HOUSE, ETC., MUSLIM, MAKKAVAZHI, BUSINESS, AGED 22 YEARS. BY ADV. SRI.N.N.NARAYANA PILLAI SRI.G.SREEKUMAR(CHELUR) RESPONDENT(S): --------------- 1. MANAGING DIRECTOR, KERALA STATE FINANCIAL ENTERPRISES LTD., THIRUVANANTHAPURAM. 2. MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD., BRANCH KALPETTA. 3. SPECIAL DEPUTY COLLECTOR (RR), FOR KERALA STATE FINANCIAL ENTERPRISES LTD., KALPETTA, THRISSUR. 4. M.H. ILLEAS, SON OF MOHAMMED, RESIDING IN MUMMASRAYILLATH HOUSE, KEECHERY P.O., THRISSUR, MUSLIM, MAKKAVAZHI BUSINESS, AGED 24. BY ADV. SRI.M.SASINDRAN, SC, K.S.F.E., LTD. FOR R1 TO R3 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 11/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 ORDER ON CMP 55859 OF 2000 IN OP 32759 OF 2000 DISMISSED 11.8.2009 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE DEMAND NOTICE DATED 24.3.2000 ISSUED BY THE DEPUTY TAHSILDAR (RR), THRISSUR NO. SDT/TSR/684/99-2000 EXT.P2 TRUE COPY OF THE DEMAND NOTICE NO. SDT/TSR/685/99 DATED 24.3.2000 ISSUED BY DEPUTY TAHSILDAR (RR), THRISSUR. EXT.P3 TRUE COPY OF THE DEMAND NOTICE NO. SDT/TSR/686/99-00 DATED 24.3.2000 BY DO.DO. EXT.P4 TRUE COPY OF THE DEMAND NOTICE NO. SDT/TSR/696/99-00 DATED 30.3.2000 ISSUED BY DO.DO. EXT.P5 TRUE COPY OF THE DEMAND NOTICE NO. SDT/TSR/699/99-00 DATED 30.3.2000 ISSUED BY DEPUTY TAHSILDAR (RR), THRISSUR. EXT.P6 TRUE COPY OF THE DEMAND NOTICE NO. SDT/TSR/698/99-00 DATED 30.3.2000 ISSUED BY DO.DO. EXT.P7 TRUE COPY OF THE DEMAND NOTICE DATED 30.3.2000 ISSUED BY DO.DO. EXT.P8 TRUE COPY OF THE DEMAND NOTICE NO SDT/TSR/696/99-00 DATED 30.3.2000 ISSUED BY DO.DO. EXT.P9 TRUE COPY OF THE DEMAND NOTICE NO. SDT/TSR/697/99-00 DATED 30.3.2000 ISSUED BY DO.DO. EXT.P10 TRUE COPY OF THE ;DEMAND NOTICE NO. SDT/TSR/698/99-00 DATED 30.3.2000 ISSUED BY DO.DO. EXT.P11 TRUE COPY OF THE ;DEMAND NOTICE NO. SDT/TSR/699/99-00 DATED 30.3.2000 ISSUED BY DO.DO. EXT.P12 TRUE COPY OF THE SALE PROCLAMATION PUBLISHED BY DEPUTY COLLECTOR (RR), THRISSUR IN MATHRUBHUMI PAPER DATED 29.10.2000 EXT. P13 TRUE COPY OF THE REVISION PETITION DATED 7.11.2000 FILED BEFORE THE DISTRICT COLLECTOR, THRISSUR BY PETITIONER. EXT.P14 TRUE COPY OF THE STAY PETITION FILED BEFORE THE DISTRICT COLLECTOR, THRISSUR ON 7.11.2000 BY PETITIONER. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- O.P.NO. 32759 OF 2000 -------------------------------------------- Dated this the 11th day of August, 2009 JUDGMENT During the pendency of the O.P. liability for which first petitioner's property was attached was discharged by the actual debtor. However, standing counsel submitted that third petitioner is liable as the borrower for whom he stood as surety has not discharged the liability. Since the O.P. is pending for some time, I feel some time can be granted to the third petitioner. Therefore O.P. is disposed of granting two months' time to the third petitioner to discharge the entire liability with interest. If liability is not discharged within two months, recovery will be continued. However, if any OTS benefit is available, the same should be granted to him for settlement. In any case there will be direction to the respondents to waive penal interest, if arrears with accrued interest are paid within two months from now. (C.N. RAMACHANDRAN NAIR) Judge kk 2