IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34216 of 2005(W)
1. RAJESH, S/O. SADANANDAN,
... Petitioner
2. AMMINI AMMA, D/O. CHINNAMMA,
Vs
1. THE BRANCH MANAGER,
... Respondent
2. GOPINATHAN, S/O. KRISHNAPPILLAI,
3. RAJEEV,
4. REGHU,
For Petitioner :SRI.T.GOPALAKRISHNAN
For Respondent :SRI.A.K.JOHN, ADDL.SC., KSFE LTD.
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :23/05/2008
O R D E R
C.N.RAMACHANDRAN NAIR, J.
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W.P.(C) No. 34216 of 2005
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Dated, this the 23rd day of May, 2008
J U D G M E N T
First petitioner is, admittedly, the surety for the loan availed by
2nd respondent from KSFE. Petitioners’ case is that the property is in
the joint names of both the petitioners, 1st petitioner being the surety
and second petitioner, his mother. Obviously undivided right of the 1st
petitioner can be attached and sold in recovery proceedings. However,
since petitioner has a grievance that other sureties are not proceeded
against, I dispose of the writ petition with direction to petitioners to pay
50% of the arrear amount within a period of two months from now. If
50% is paid, then recovery will be continued by the recovery
authorities against other sureties for recovery of balance amount.
However, if the amount is not paid by the petitioners as above, then
the undivided right of the 1st petitioner in the property will be attached
and sold in recovery proceedings for recovery of the above amount. It
will be open to respondents to seek partition of the property, if so
required, and to sell share of 1st petitioner for settlement. Petitioners
will produce copy of the judgment for compliance. Nothing will stand in
the way of the recovery authorities for recovery against the principal
debtor and other sureties.
(C.N.RAMACHANDRAN NAIR, JUDGE)
jg