JUDGMENT

Dated this the 25^th day of February, 2026 The petitioner availed financial assistance from the 1^st respondent for an amount of Rs.35 lakhs for agricultural purpose. A mortgage of 18 Ares of property comprised in Re.Sy.No113/3 of Vayakkara Village was created by way of a Gehan. When default occurred, Bank classified the account as NPA and issued notice under Section 13(2) of the SARFAESI Act claiming an amount of Rs.38,57,890/- as on 31.05.2018 along with future interest and expenses. The Bank thereafter filed CMP No.7846 of 2018 before the Chief Judicial Magistrate Court, Thalassery under Section 14 of the Act. An Advocate Commissioner was appointed to take physical possession of the secured asset. The petitioner thereafter filed S.A No.74 of 2019 before the DRT-I, Ernakulam contending that the secured asset is an agricultural land and hence exempted under the provisions of the SARFAESI Act . Therefore, the petitioner in the S.A filed I.A No.992 of 2020 seeking amendment of the S.A. The said application was partly allowed by Ext.P6 order dated 29.03.2021. Challenging Ext.P6, the petitioner approached the DRAT and filed Unnumbered RASA with filing No.AIR 298/2022. The petit