A.K. Jayasankaran Nambiar, J.—As the aforementioned Writ Petition and O.P.(DRT) involve a common issue, they are taken up together for consideration and disposed by this common judgment. For the sake of convenience, the reference to facts and exhibits is from W.P.(C).No.30651/2017, which is filed by Sri.Ratheesh M.N, who is stated to be the auction purchaser of property comprising of 18.200 cents in Sy.No.648/7/3 of Thrikkakkara North Village, pursuant to a public-e-auction conducted in accordance with the Recovery certificate dated 9.9.2005 issued consequent to the final order of the Debts Recovery Tribunal in O.A.No.6/2005.

2. The brief facts necessary for a disposal of these cases is that, one A.R.Sajan [borrower] and Sri.M.V.Shaji [guarantor], who are arrayed as respondents 6 and 7 in W.P.(C).No.30651/2017, had availed a loan from the Lord Krishna Bank [subsequently taken over by the HDFC Bank, the 5th respondent] by depositing the title deeds in respect of the property aforementioned. Consequent to a default committed by the said persons, in repaying the amounts due to the bank, the bank filed O.S.No.39/1999 against the said defaulters, for recovering the loan amounts