JUDGMENT Adv.Mohan Jacob George takes notice for the respondents.

2. The petitioner and his wife availed a loan from the respondent Bank after securing a residential property having an extent of 2.4282 Ares in Vattamkulam Village, Ponnani Taluk, Malappuram District, to the Bank as mortgage. Though there was regular payment in the initial days, there was default in the repayment and therefore the Bank initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) and issued notice under Section 13 (2) of the SARFAESI Act.

3. Followed by a possession notice dated 11.11.2025 under Section 13 (4) of the SARFAESI Act, the Bank took forward the proceedings and filed C.M.P.No.1433 of 2025 before the Chief Judicial Magistrate Court, Manjeri and by order dated 20.12.2025, the Chief Judicial Magistrate appointed an Advocate Commissioner to take physical possession of the secured assets. The Commissioner, thereafter, issued a notice on 04.01.2026 to take physical possession on 31.01.2026 at 11.00 a.m. with police assistance. Aggrieved by the acts under (4) of the SARFAESI Act, the petitioner has approached