JUDGMENT

In this appeal, the appellant is challenging the order dated 5.3.2024 in E.A.No.72/2021 in E.P.No.28/2019 in O.S.No.6/2018 of the Sub Court, Alappuzha, passed by the learned Sub Judge, Kochi. The appellant is the decree holder. The decree in O.S.No.6/2018 of the Sub Court, Alappuzha was transferred to the Sub Court, Kochi for execution, as the decree schedule property is situated within the territorial jurisdiction of the Sub Court, Kochi.

2. The 1^st respondent filed E.A.No.72/2021 under Order XXI Rule 58 of C.P.C. The 1^st respondent contended that the decree schedule property was mortgaged by the judgment debtor in favour of it on 5.8.2017 to avail overdraft facility of Rupees Twenty-eight lakhs. Equitable mortgage was created by depositing the title deeds of the property. Later, on 31.3.2018, the loan account was classified as non-performing asset and notice under Section 13(2) of the SARFAESI Act was issued on 26.6.2018. Since the amounts were not paid, Section 13(4) of the SARFAESI Act was invoked and symbolic possession of the property was taken on 9.10.2018. Thereafter M.C.No.394/2019 was filed before the Chief Judicial Magistrate’s Court, Ernakulam. The petition