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2025 Supreme(Online)(Ker) 51993

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
GABRIEL T – Appellant
Versus
AXIS BANK LTD. – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.RAHUL KRISHNAN U.S., SHRI.KIRAN KRISHNA, SHRI.SIDDIQUE SULAIMAN
For the Respondents: SRI. PAULOCHAN ANTONY, SC

Table of Content
1. petitioner challenges possession order due to health issues. (Para 1 , 2)
2. court emphasizes adherence to legal precedent in debt recovery. (Para 3)

JUDGMENT

(Dated this the 20th day of November, 2025)

The petitioners challenges Ext.P3 order in M.C.1287/2025, in this writ petition. The petitioners have taken a loan from the respondent bank for an amount of Rs.25,00,000/- (Rupees twenty five lakhs only) and another ₹6,00,000/- by mortgaging 3.80 Ares of property. When there was default in repaying the loan amount, proceedings were initiated under the SARFAESI Act , and issued notice under Section 13(2) demanding a sum of Rs.35,90,547/-. Subsequently, the bank filed M.C. No.1287/2025 before the CJM, Thiruvananthapuram and by Ext.P3 order dated 14.10.2025, an Advocate commissioner was appointed to take physical possession of the secured assets. The Advocate Commissioner issued a notice dated 07.11.2025 informing that the physical possession will be taken on

22.11.2025.

2. The case of the petitioner is that he was undergoing prolonged in-

patient treatment during the default period and is diagnosed for Ankylosing Spondylitis, Left Knee Septic Arthritis with Sepsis, Diabe

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