IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 21664 of 2008(D) -------------------------- PETITIONER: -------------- LUKOSE, SON OF MICHEAL, MACHIKODE ROADARIKATHU VEEDU, AVANAKINVILA, CHENKAL DESOM, BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.S.S.HUSSAIN SRI.P.K.NIJOY RESPONDENTS: ----------------- 1. KERALA STATE FINANCIAL ENTERPRISES REPRESENTED BY ITS MANAGING DIRECTOR, BHADRATHA, MUSEUM ROAD, THRISSUR. 2. BRANCH MANAGER, KERALA STATE FINANCIAL ENTERPRISES, NEYYATTINKARA IST BRANCH, NEYYATTINKARA. 3. SPECIAL DEPUTY TAHSILDAR (RR), K.S.F.E. LIMITED, NEYYATTINKARA. 4. VIJAYAN, MACHIKODE ROADARIKATHU VEEDU, AVANAKINVILA, CHENKAL DESOM. BY SRI.M.L.SAJEEVAN, SC, KSFE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 21664 OF 2008 D ==================== Dated this the 18th day of July, 2008 J U D G M E N T The petitioner is a surety to the chitty loan availed of by the 4th respondent. Admittedly, default was committed, Thereupon, recovery proceedings are now initiated by Ext.P1, in terms of which the property is scheduled to be sold on 26/7/08. 2. I am not impressed by anyone of the contentions urged by the counsel for the petitioner on the merits of the contentions that are urged. However, I heard the standing counsel for the respondents on the request made by the counsel for the petitioner for an instalment facility. 3. Having regard to the submissions made by both sides, I direct that the petitioner be permitted to pay the amount due in terms of Ext.P1 in six equal monthly instalments. The first instalment will be paid on or before 26th of July, 2008 and subject to such payment, further proceedings pursuant to Ext.P1 will be deferred. It is directed that subsequent instalments will also be paid by the petitioner on or before 26th of every succeeding month. It is clarified that in case the petitioner commits WPC 21664/08 :2 : default in the payment of any one of the instalments, the respondents will be free to continue the proceedings without further notice to him. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp