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2020 Supreme(Ker) 192

S.MANIKUMAR, SHAJI P.CHALY
Molly Soman, W/o. Soman – Appellant
Versus
Tahasildar (R. R. ) Adoor Taluk Office, Adoor – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Sri.S.Jiji, Smt.M.M.Baby
For the Respondent: Sri.Jawahar Jose, SC, Kerala Gramin Bank, Sr.G.P. Sri.T.K.Aravindakumar Babu

JUDGMENT :

S. MANIKUMAR, J.

1. Challenge in this writ appeal is to the correctness of the judgment in W.P.(C)No.38035 of 2017 dated 3.2.2020, by which, the writ court, after accepting the submission of the appellant, to pay the outstanding amount to the 3rd respondent Bank in ten instalments, ordered thus:

    “5. After considering the contentions urged on either side, I am of the opinion that some time can be granted to the petitioners to pay off the amounts due, especially taking note of the nature of the loan availed and the purpose of the same. Accordingly, there will be a direction to the respondents to permit the petitioners to pay off the defaulted amounts in twelve equal monthly instalments. The first of such instalments shall be paid on or before 02.03.2020 and the remaining instalments shall be payable on the corresponding dates of the subsequent months. In case the petitioners remits the entire outstanding amounts with accrued interest due in twelve equal monthly instalments as directed above, the coercive proceedings shall be kept in abeyance.

However, in case of any default committed by the petitioners in remitting any one of the aforesaid instalments, it would be open to the

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