IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 WA.No. 675 of 2009 ------------------------------- AGAINST THE JUDGEMENT IN WPC.7836/2009 Dated 12/03/2009 .................... APPELLANT/PETITIONER ------------------------------------ CHANDRAPALAN K.V. S/O. VELAYUDHAN, KAIMAPARAMBIL HOUSE, KURUMBILAVU, PAZHAVIL P.O., THRISSUR DISTRICT. BY ADV. SRI.M.SASINDRAN RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. THE CHIEF MANAGER AND AUTHORISED OFFICER, CATHOLIC SYRIAN BANK, MARKET ROAD BRANCH, ERNAKULAM. 2. THE CATHOLIC SYRIAN BANK LTD., THRISSUR - REPRESENTED BY ITS MANAGING DIRECTOR. 3. P.S.BABU S/O. SUBRAHMANIAN, 59/1334, ARANGATH CROSS ROAD, NEAR KADAVIL COURT, ERNAKULAM. 4. AYOOB KHAN S/O. FAKEER MOHAMMED RAWTHER, PALACHAL HOUSE, KARIMBADI P.O., MEENANGADI(VIA), WAYANAD DISTRICT. R1 & R2 BY ADV.SRI.SAIJY JACOB PALATTY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 31/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A.No. 675 of 2009 ------------------------------------------ Dated, this the 31st day of March, 2009 JUDGMENT S.R.Bannurmath, C.J. As per our earlier suggestion and direction dated 19.3.2009, the appellant to show his, bona fides, has paid a sum of 20,66.667/- on 30.3.2009 which almost forms one-third of Rs.62 lakhs agreed for One Time Settlement. As the appellant has shown his bona fides, in the interests of justice, we deem it proper to direct the second respondent Bank to proceed against B and C schedule properties first and only if further amounts are required, then alone action would be taken against the A schedule property. Till then, dispossession of the appellant from A schedule property is to be deferred. Writ appeal stands disposed of as above. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns