JUDGMENT

(Dated this the 18^th day of November 2025)

The petitioner is a legal heir of the late Mr. Babu (the fifth respondent), who served as a guarantor for a loan obtained by the second respondent firm from the first respondent bank. Following a default in repayment, the bank initiated recovery proceedings under the SARFAESI Act against respondent Nos.2 to 6. The property currently secured under these proceedings was inherited by the petitioner following the demise of Mr. Babu on August 6, 2025.

2. The petitioner submits that the first respondent bank continued proceedings under Section 14 of the SARFAESI Act (M.C. No. 689/2025) despite having knowledge of the fifth respondent’s demise. Pursuant to these proceedings, the Advocate Commissioner appointed by the CJM, Kollam, issued a possession notice (Ext.P1) dated 30.08.2025, scheduling the takeover of the property on 13.09.2025. Although, the Advocate Commissioner was formally requested via Ext.P2 on 10.09.2025 to report the death of the fifth respondent to the Court, no action was taken. Subsequently, the 3^rd respondent moved the CJM, Kollam, through CMP No. 7692/2025 (Ext.P3), seeking to stay the proceedings and restrain the C