The court's determination emphasizes the importance of proper documentation to establish property classification under the SARFAESI Act.

JUDGMENT

(Dated this the 26th day of February, 2026)

The prayers sought for in this original petition are to declare that the property of the petitioner is an agricultural land and to exempt the same under Section 31(i) of the SARFAESI Act , and also to call for the records pertaining to I.A. No.2520/2024 in S.A. No.495/2024 on the files of the DRT-I, Ernakulam.

2. The learned counsel for the petitioner submits that, as per Ext.P9 sale notice dated 31.01.2026, no sale was conducted as there were no bidders. It is further submitted that a fresh sale notice was issued on 20.02.2026 and the petitioner intends to challenge the same by amending the S.A.

3. The learned counsel for the respondent submits that in the earlier I.A. filed as I.A. No.2520/2024, the DRT had already entered a finding that the petitioner had not produced any document to establish that the secured asset was agricultural property as on the date of creation of the mortgage, and therefore the status quo was declined. The petitioner has now produced a certificate issued by the Agricultural Officer dated 06.12.2024 regarding the nature of the property.

Taking note of the facts and circumstances of the case and the submission that the petitioner intends to challenge the fresh sale notice, this original petition is disposed of, leaving open all contentions raised herein as well as those to be raised in the I.A. to be filed.

Sd/-