The court allows a petitioner to repay a debt in installments post the demise of the original borrower, subject to conditions.

J U D G M E N T

The petitioner is son of late Vilasini who had availed a loan from the

1^st respondent bank. On default being committed the bank initiated proceedings under Section 69 of the Kerala Co-operative Societies Act , 1969 and obtained an award determining the liability of late Vilasini. On the award being put to execution, the petitioner is before this court stating that late Vilasini expired on 21-05-2024 and that the petitioner is ready and willing to settle the liability in installments, as the mortgaged property belonging to late Vilasini has now devolved on the petitioner.

2. The learned counsel appearing for the respondent bank submits that the outstanding amount due from the petitioner as on 26-02-2026 is Rs.19,86,355/-. It is submitted that the bank has no objection in permitting the petitioner to clear the entire liability in installments.

3. Having heard the learned counsel for the petitioner and the learned counsel appearing for the respondent bank and having regard to the facts and circumstances of the case and the submissions made as recorded above, I am of the view that the petitioner can be granted an opportunity to repay the outstanding amount in twenty (20) equal monthly instalments.

4. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire amount of Rs.19,86,355/- along with interest, bank charges and costs from the petitioner in the following manner:

(i) The outstanding amount of Rs.19,86,355/- together with any accrued interest, bank charges and costs shall be repaid in twenty (20) equated monthly instalments;

(ii) The first instalment shall be paid on or before 25-03-2026 and subsequent instalments shall be paid on or before 25^th day of every succeeding month;

(iii) In the event of default of any one instalment, the respondent bank shall be entitled to proceed with recovery in accordance with the law;

(iv) In order to enable the petitioner to repay the entire amounts, all coercive proceedings shall be kept in abeyance.

The writ petition is disposed of as above.

Sd/-