JUDGMENT

(Dated this the 31st day of January, 2026)

The 3^rd respondent had availed a loan from the 2^nd respondent bank by mortgaging the property. Pursuant to SARFAESI proceedings, an Advocate Commissioner was appointed by the Chief Judicial Magistrate, Manjeri, who attempted to take physical possession on 17.12.2025. On the 3^rd respondent’s request, the bank agreed to defer possession on payment of Rs.3,00,000/- within 24 hours, which amount was borrowed from the petitioner and paid on 18.12.2025, whereupon possession was deferred. As the 3^rd respondent failed to repay the said amount, it was agreed to transfer the property to the petitioner at Rs.1,50,000/- per cent, treating Rs.3,00,000/- as advance sale consideration under Ext.P2. The 3^rd respondent has now informed that a fresh notice has been issued to take possession on 09.01.2026, and if possession is taken, the property cannot be transferred to the petitioner, causing irreparable loss to the petitioner. Aggrieved by the same, the petitioner filed this writ petition.

2. The learned Standing Counsel for the Bank, on instructions, submits that the overdue amount as on date is Rs.21,85,081/-. The Bank has no objection in regular