IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 WP(C).No. 36275 of 2008(R) -------------------------- PETITIONER(S): ---------------------- 1. NIRMALA PRASAD, W/O.LATE PRASAD,RESIDING AT NEW HEAVEN, NATTAKOM VILLAGE, POOVANTHURUTHU KARA, KOTTAYAM TALUK, KOTTAYAM DISTRICT. 2. ARUN, S/O.LATE PRASAD, NEW HEAVEN, NATTAKOM VILLAGE, POOVANTHURUTHU KARA. 3. ANOOP, S/O.LATE PRASAD, NEW HEAVEN, NATTAKOM VILLAGE, POOVANTHURUTHU KARA. 4. ASWIN (MINOR), REP. BY NIRMALA PRASAD, NEW HEAVEN, NATTAKOM VILLAGE, POOVANTHURUTHU KARA. BY ADV. SRI.A.K.HARIDAS RESPONDENT(S): ----------------------- 1. KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM, REP. BY ITS DISTRICT MANAGER, K.F.C.OFFICE, M.C.ROAD, NEAR Y.W.C.A. KOTTAYAM TOWN, KOTTAYAM DISTRICT. 2. DEPUTY TAHSILDAR (RR), OFFICE OF KERALA FINANCIAL CORPORATION, M.C.ROAD, NEAR Y.W.C.A. KOTTAYAM TOWN, KOTTAYAM DISTRICT. ADV. SRI.JAMES KURIAN SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No.36275 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of December, 2008 JUDGMENT First petitioner is the widow of one Sri.Prasad and the other petitioners are the children. Sri.Prasad was a teacher, who availed a loan from the first respondent for purchasing a Maheendra Jeep. It is stated that the relationship between Sri.Prasad and his family was not good. There is reference to a civil suit and ultimately the petitioners are faced with Ext.P2 notice proclaiming the property for sale. 2. I heard learned counsel for the petitioners and Sri.James Kurian, learned counsel appearing on behalf of the Financial Corporation. Earlier also petitioners have availed the benefit of one time settlement scheme and the amounts were not paid. But learned counsel for the petitioners presses before me the financial condition of the petitioners and submits that if time is give, the petitioners can pay off the principal amount within three months. 3. Having regard to the facts of this case, I feel that if the petitioners file an application for one time settlement, the same should be directed to be considered and sale also can be adjourned provided the petitioners deposit some amount. WPC.36275/2008. 2 The writ petition is disposed of as follows: Ext.P2 shall be kept in abeyance on condition that the petitioners remit a sum of Rs.One Lakh within one month from today and in the meantime, if the petitioners, within two weeks from today, make an application for one time settlement, a decision will be taken on the same within two weeks from the date of receipt of the application and the same will be communicated to the petitioners. The further course to be adopted will depend upon the compliance or non-compliance by the petitioners of the decision on the application for the benefit of one time settlement. (K.M. JOSEPH, JUDGE) sb