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2026 Supreme(Online)(Ker) 14895

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
SANTHA KUTTAPPAN – Appellant
Versus
UNION BANK OF INDIA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.R.KRISHNAKUMAR (CHERTHALA), SMT.TINY THOMAS
For the Respondents: SHRI.ASP.KURUP, SRI.SADCHITH.P.KURUP, SHRI.SIVA SURESH, SMT.B.SREEDEVI, SMT.ATHIRA VIJAYAN, SHRI.VYSHNAV S. NAIR, SMT.AKSHARA RAVI

BASANT BALAJI J ======================

W.P.(C) No. 5430 of 2026 ========================

Dated 26th day of February 2026 JUDGMENT The 1st petitioner is the mother of petitioners 2 and 3, and the 4th petitioner is her daughter-in-law. The borrower had availed a housing loan of Rs.8,00,000/- on 25.04.2014, for which the 1st petitioner and her late husband stood as guarantors by mortgaging property situated in Kumaramangalam Village. The borrower had also availed an Agricultural Credit Facility of Rs.11.6 lakhs. The loan instalments were paid regularly till October 2023, but subsequent defaults occurred due to prolonged illness, hospitalization, and financial hardship. Thereafter, the respondents initiated revenue recovery proceedings under the SARFAESI Act , including steps for taking physical possession of the secured asset.

Aggrieved by the said proceedings, the petitioners have approached this Court.

2. The learned counsel for the petitioners would submit that the petitioners may be permitted to clear the liability in instalments.

3. It was submitted on behalf of the respondent Bank that the petitioners committed default in repayment of the agricultural loan and the present outstand

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