JUDGMENT

(Dated this the 16^th day of January, 2026)

The petitioner has approached this Court by filing the present writ petition seeking a direction to the 1^st respondent to take immediate action on Ext.P5 and to remove respondents 2 and 3 from the property covered by Ext.P1 sale deed and to restore possession of the said property to the petitioner. Respondents 2 and 3 had availed a housing loan from the petitioner by mortgaging an immovable property having an extent of 2.77 Ares in Re.Sy.No.278/5 of Madapally Village, Changanassery Taluk, Kottayam District. On default in repayment, proceedings were initiated under the SARFAESI Act and the matter was taken before the Chief Judicial Magistrate, Kottayam in M.C.No.668 of 2023, pursuant to which the Magistrate passed an order appointing an Advocate Commissioner to take physical possession of the secured asset. The said order was executed, and physical possession was taken and handed over to the petitioner. Thereafter, respondents 2 and 3 trespassed into the property and started residing therein. In that circumstance, the petitioner submitted Ext.P5 complaint before the 1^st respondent. Alleging inaction on the part of the 1^st responde