The court emphasized the petitioner's right to contest possession in pending proceedings before the DRT.

JUDGMENT

(Dated this the 19^th day of December, 2025)

The writ petition is filed challenging Ext.P7 order of the CJM, Kasargod, under Section 14 . The main grievance of the petitioner is that the Advocate Commissioner, though appointed as per Ext.P7 has not issued any notice informing the date on which possession would be taken. It is also submitted that he has already applied for a certified copy of the proceedings under which Ext.P7 is passed and prays for breathing time to approach the DRT.

2. Learned counsel for the respondent Bank on instructions submitted that the petitioner earlier approached this Court and obtained Ext.P4 judgment on 20.02.2025 whereby, the overdue amount was directed to be paid in 10 EMIs. Thereafter, there was a default. The Bank has filed O.A and it is not numbered and the diary No. is given as 2211/2025. The petitioner also filed SA No. 413/2025 challenging Section 13(4) notice and the S.A is now posted to 22.12.2025. In the meanwhile, the commissioner has informed that the physical possession will be taken. Therefore, the petitioner has approached this Court.

3. Learned counsel for the respondent Bank further submitted that since the S.A is posted to 22.12.2025, they do not intend to take physical possession till that date. This is recorded. The petitioner shall raise all his contentions in the pending S.A before the DRT.

The writ petition is disposed of as above.