IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 WA.No. 200 of 2009 -------------------- ( AGAINST THE JUDGEMENT IN WPC.2249/2009 Dated 22/01/2009) APPELLANTS/PETITIONERS: -------------------------------- 1. MOHAMMAD NIZAR, AGED 46 YEARS, S/O.LATE V.P.MOHAMMED, VADAKKAYIL HOUSE, MUTHALAKKODAM P.O., THODUPUZHA, IDUKKI DISTRICT. 2. MEHRUNNISA, W/O.MOHAMMAD NIZAR, AGED 46 YEARS, S/O.LATE V.P.MOHAMMED, VADAKKAYIL HOUSE, MUTHALAKKODAM P.O., THODUPUZHA, IDUKKI DISTRICT. BY ADV. SRI.RENJITH B.MARAR ADV. SRI.L.RAJESH NARAYAN ADV. SMT.LAKSHMI.N.KAIMAL RESPONDENTS/RESPONDENTS ------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY , FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, IDUKKI. 3. DEPUTY TAHSILDAR (RR), KFC, KOTTAYAM. 4. THE KERALA FINANCIAL CORPORATION, THODUPUZHA. BY GOVERNMENT PLEADER ADV. SHRI BENNY GERVASIS. R4 BY ADV. SRI.M.M.SAYED MUHAMMED, SC, KFC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & P.R. RAMACHANDRA MENON, JJ. ........................................................................ W.A. No. 200 OF 2009 ......................................................................... Dated this the 29th January, 2009 J U D G M E N T Kurian Joseph, J. : The writ petitioners are the appellants herein. They approached this court aggrieved by the recovery steps initiated by the Kerala Financial Corporation. The writ petitioners were permitted to submit the application for revival of OTS on condition that they should remit a sum of Rs. Two lakhs on or before 27.01.2009 in two instalments. It is submitted that the first instalment has already been paid. The appellants/writ petitioners seek for enlargement of time upto 15.02.2009. 2. Normally, the appellate court would not entertain this appeal since the impugned judgment happened to be passed with the consent of both the parties. In case any variation is required, it is for the appellants to approach the learned single Judge for appropriate modification. Since the same would only lead to multiplicity of proceedings, in the interest of justice, we W.A. No. 200 OF 2009 2 feel that the appellants/writ petitioners should be given time for paying the second instalment of Rs. One lakh before 15.02.2009. 3. The learned Standing Counsel for the 4th respondent submits that this court may not vary any other conditions imposed by the learned single Judge. Therefore, we make it clear that the only modification is with regard to the enlargement of time for payment of the second instalment of Rs. One lakh upto 15.02.2009. Consequently, the time for reply by the Kerala Financial Corporation would stand enlarged upto 28.02.2009. The Writ Appeal is disposed of as above. KURIAN JOSEPH, JUDGE. P.R. RAMACHANDRA MENON, JUDGE. lk