JUDGMENT

Muralee Krishna, J.

The petitioner in W.P.(C)No.44819 of 2025 filed this writ appeal under Section 5 (i) of the Kerala High Court Act , 1958, challenging the judgment dated 15.01.2026 passed by the learned Single Judge in that writ petition.

2. Going by the averments in the writ petition, the appellant had a company which was undertaking the construction of residential buildings in the name and style “Hillary International”. During 2008, the appellant undertook the construction of an apartment, namely, AI Residency, through the company. The apartment complex had eight apartments in total, and one apartment was taken by the appellant itself and the other seven apartments were agreed to be sold as per the agreement for sale, and construction agreements were also entered into between the company and prospective purchasers. There were Tripartite agreements between the appellant, the 1^st respondent Bank and the prospective purchasers for availing purchase loans. The appellant has not created any mortgage in respect of his property with the Bank. The appellant has suffered a huge loss in the project as the persons who committed to purchase the apartment backed from the project,