JUDGMENT

(Dated this the 30th day of January, 2026)

The petitioner, a 60 year old senior citizen and a qualified dental surgeon, has availed a housing loan of ₹1,03,50,000/- from the respondent Bank through six separate loan accounts by mortgaging 40.47 ares of land with the residential building and improvements thereon. The petitioner was regularly paying the instalments till March 2024. Thereafter, due to prolonged medical treatment and financial constraints, the petitioner could not remit the instalments, and consequently, the Bank initiated proceedings under Section 13 (2) of the Securitization and Reconstruction of the Financial Assets and Enforcement of Security Interest Act, 2002 (the SARFAESI Act) followed by Ext.P1 notice.

2. Subsequently, the Bank approached the Chief Judicial Magistrate’s Court, Thrissur, by filing C.M.P. No.8966/2025, pursuant to which an Advocate Commissioner was appointed for taking physical possession of the mortgaged assets and issued Ext.P2 notice to the petitioner to vacate the premises within seven days. Aggrieved by the same, the petitioner has approached this Court seeking a mandamus to set aside Ext.P2 and to permit regularisation of the loan