J U D G M E N T

Petitioner is admittedly in arrears of loan taken for house construction from the 1st respondent. Counsel for the 1st respondent submits that as of now the balance arrears is Rs.6,55,000/-. Eventhough petitioner had an instalment facility under the loan agreement, petitioner forfeited the benefit on account of default in the beginning itself. Counsel for the petitioner submits that petitioner wants to avail loan from elsewhere and to settle the payments due to the 1st respondent. I do not think the 1st respondent can have any objection in this proposal. It is for the petitioner either to clear arrears of instalments and make arrangements with the 1st respondent itself for continuing instalment facility based on original agreement or settle the liability by arranging loan from elsewhere. The petitioner can arrange any loan with any bank or financing institution but no document creating charge should be made without clearing the arrears due to the 1st respondent. If petitioner arranges loan from elsewhere, petitioner can request for payment by the such institution to the 1st respondent directly so that documents of title can be directly given by the 1st respondent to s