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2026 Supreme(Online)(Ker) 17723

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Basant Balaji, J
LAILA MUHAMMAD – Appellant
Versus
AADHAR HOUSING FINANCE LIMITED – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.JIJO JOSE, SHRI.JEEVAN JOHN, SMT.SIDHYA SASIDHARAN
For the Respondents: SRI. A. SURESH, SC

Table of Content
1. facts establishing loan default and legal proceedings initiated. (Para 1 , 2)

JUDGMENT

Dated this the 2nd day of March, 2026 The petitioner herein is a widow and a co-applicant to a housing loan availed by her son from the respondents for an amount of Rs.24,96,897/-. On account of default in repayment of the loan, the Bank initiated proceedings against them under the provisions of the SARFAESI Act . Consequent thereto, notice under Section 13 (2) dated 12.04.2025 has been issued. Later, notice under Section 13 (4) has also been issued.

2. The respondent has approached the Chief Judicial Magistrate Court under Section 14 of the Act seeking assistance to take possession of the secured asset by dispossessing the petitioner. Pursuant thereto, an Advocate Commissioner was appointed in Crl.M.P No.13893 of 2025 by the Chief Judicial Magistrate Court Thrissur, who issued notice dated 20.01.2026 informing that steps would be taken to obtain possession of the secured asset and hand over the same to the respondent.

3. The respondents are Non Banking Financial Company (NBFC).

The relief sought is to direct the respondents to permit the petitioner to clear the overdue amoun

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