JUDGMENT

Muralee Krishna, J.

The petitioners in W.P.(C) No.3522 of 2024 filed this writ appeal under Section 5 (i) of the Kerala High Court Act, 1958 , challenging the judgment dated 10.10.2025 passed by the learned Single Judge in that writ petition.

2. Going by the averments in the writ petition, the appellants 1 and 2 availed a loan from the 3^rd respondent Bank in the year 2018, and substantial payments were affected, during the COVID period. The property, having an extent of 40 ares and 44 sq. meters, offered as security to the loan, belongs to the father of the 1^st appellant, who died on 07.05.2022. So, at present, the 1^st appellant has only a nominal right over the property. However, the Bank has now initiated recovery proceedings by issuing a notice under Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 , (for short ‘SARFAESI Act’) on 30.09.2023, and it is followed by another notice in which it is stated that the property will be taken possession on 30.01.2024. Such proceedings are not permissible under law, without issuing notice to the legal heirs of the guarantor and considering their objection, whi