BASANT BALAJI J ======================

W.P.(C) No. 45523 of 2025 ========================

Dated 27^th day of January, 2026 JUDGMENT The petitioner availed a home loan of ₹28,00,000/- from the 2nd respondent Bank on 28.12.2023 by creating an equitable mortgage through deposit of the title deeds in respect of his property having an extent of 4.40 Ares comprised in Re-Sy. No. 472/12 (Old Sy. No. 143/2A) of Ummannoor Village. Owing to severe financial difficulties, the petitioner could not remit the equated monthly instalments in time, resulting in arrears of instalments payable to the 2nd respondent Bank.

2. In view of the default, the respondent Bank initiated proceedings under the provisions of the SARFAESI Act and issued a notice under Section 13(4), intimating that symbolic possession of the secured asset was taken on 28.04.2025. Thereafter, the Bank initiated further recovery proceedings in respect of the secured property by filing M.C. No. 1687/2025 before the Chief Judicial Magistrate Court, Kollam. By order dated 25.11.2025, the learned Magistrate allowed the said application and appointed an Advocate Commissioner to take physical possession of the secured asset. Aggrieved by th