JUDGMENT

(Dated this the 20th day of February, 2026)

The petitioner Company acquired 38.62 ares of property in Kudappanakunnu Village through an e-auction conducted by M/s. Indiabulls Housing Finance Ltd., following the 2^nd respondent’s loan default. Indiabulls held a prior equitable mortgage created when the property was unencumbered. However, the property is now subject to an attachment order (Ext.P4) for Rs.12,24,44,314/- initiated by the 1^st respondent. The petitioner claims priority of the secured creditor under Section 26E of the SARFAESI Act and Section 31B of the RDBFI Act , contending that the attachment is non-binding and prevents registration and mutation of the property. The petitioner filed this writ petition for the following reliefs: i. To issue a writ in the nature of Certiorari or any other writ or order quashing Exhibit P4 proceedings of the 3rd respondent to the extent imposing a charge, attachment or restriction in alienation of the property having an extent of 38.62 Ares in Re-Survey Nos. 447/16-1, 447/15, 447/24, 447/14, 447/10, 448/15, 447/30, 447/17 and 448/28 of Kudappanakunnu Village detailed in Exhibit P1 sale certificate.

ii. To issue a writ in the natur