JUDGMENT

(Dated this the 3rd day of February, 2026)

The 1^st petitioner as borrower and the 2^nd petitioner, as one of the guarantors, availed a loan of Rs.25 lakhs from the 1^st respondent bank in the year 2017. The loan was secured by creating a mortgage over the immovable properties having an extent of 08.76 Ares comprised in Re.Sy. Nos.105/12-1 and 320/7-1 of Kulanada Village, Kozhenchery Taluk, Pathanamthitta District.

2. The 2^nd respondent issued a notice dated

17.01.2024 to the 1^st petitioner stating that the mortgaged property will be taken possession by the bank. Immediately thereafter, the petitioner approached this Court by filing WP(C) No.8209/2024, and this Court by judgment dated 18.03.2024, disposed of the writ petition directing the petitioner to remit Rs.3 lakhs on or before 27.03.02024 and the balance in 10 equal monthly instalments.

3. When there was default in the payment as ordered in the judgment, the respondent bank filed M.C. No.254/2025 before the Chief Judicial Magistrate’s Court, Pathanamthitta, under Section 14 of the SARFAESI Act , and the learned Magistrate has appointed an Advocate Commissioner to take physical p