Dated this the 3rd day of April, 2024 The writ petition has been filed seeking to direct respondents 1 and 2 to keep in abeyance the entire proceedings initiated pursuant to C.M.P No.128/2022 on the files of the Chief Judicial Magistrate, Kozhikode, for a period of one month, enabling the petitioners to approach Debt Recovery Tribunal, Ernakulam, pursuant to Section 17 (4A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 .

2. The 1st petitioner and her husband, owned a property 7.443 Ares, which comprises a residential house. The 2nd petitioner is their son. Due to financial difficulties, they sold the property to the 3rd respondent. The 3rd respondent obtained a Purchase Loan dated 19.04.2018 from the 1st respondent- Bank enabling to purchase said property, by mortgaging the property including the dwelling house.

3. Despite selling, the petitioners continued to reside in the house by virtue of unregistered License Agreement dated 07.11.2018 executed between the petitioners and the 3rd respondent, and its renewal from time to time. Currently, the tenure is up to 07.05.2024. However, the loan became NPA, leading