IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 WP(C).No. 1370 of 2008(K) ------------------------- PETITIONERS: ------------ 1. MRS.ANNIE JOSEPH, AMBREPARAMPIL HOUSE, KURANGUMALA, KOZHENCHERRY EAST, PATHANAMTHITTA. 2. MR.JOSEPH JOHN, AMBREPARAMPIL HOUSE, KURANGUMALA, KOZHENCHERRY EAST, PATHANAMTHITTA. BY ADV. SRI.JACOB P.ALEX RESPONDENT: ------------- THE VIJAYA BANK, REPRESENTED BY ITS MANAGER, KOZHENCHERRY BRANCH, PATHANAMTHITTA. BY ADV. SRI.B.S.KRISHNAN (SR.) SRI.K.ANAND SMT.LATHA KRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 1370 of 2008 ------------------------------------- Dated: January 30, 2008 JUDGMENT Petitioners admit their liability to the respondent Bank for the realisation of which proceedings have been initiated by the bank. However, the petitioners seek only an instalment facility to discharge the liability and save the mortgaged property from a distress sale. 2. Though the learned counsel for the Bank has opposed the prayer made by the petitioners, still I feel that the petitioners should be given an opportunity to save the mortgaged property. 3. Accordingly I dispose of this writ petition directing that the amount that is due from the petitioners to the respondent bank will be paid in six equal monthly instalments. The first instalment will be payable in the first week of March 2008 and the subsequent instalments will be payable in the first week of every succeeding month. Subject to payments made as above, further proceedings against the petitioner will stand deferred and in case any default is WP(C) 1370/2008 Page numbers committed in paying any one of the instalments, it will be open to the bank to continue the proceedings. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE mt/-