JUDGMENT DATED THE 30^TH DAY OF JANUARY 2026 The petitioner is the surety of loan of Rs.29,00,000/-

from the respondent-Bank by the borrower Sajitha. The property of the petitioner was even mortgaged for securing the loan. On default of repayment, securitisation proceedings were initiated by the respondent-Bank and possession notice was issued on 06.03.2023.

2. The respondents, thereafter moved a petition under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act , 2002 (SARFAESI Act) before the Chief Judicial Magistrate’s Court, Thalassery and the said Court has passed an order appointing an Advocate Commissioner to take physical possession of the secured assets who had issued Ext.P2 notice. The petitioner has requested only for a direction to the respondent-Bank to grant 20 equal monthly installments to pay off the entire amounts due.

3. The respondents, on instructions, submitted that the original borrower had earlier approached this Court by filing three writ petitions namely, W.P.(C) Nos.9853 of 2022, 9907 of 2022 and 8290 of 2023, which were disposed of by a common judgment dated 17.03.2023, relegating the petitioner