Muralee Krishna, J.
The appellants, who are respondents 1 and 2 in O.P.(DRT)
No.398 of 2025, filed this intra-court appeal under Section 5(i) of
the Kerala High Court Act, 1958, challenging the order dated
19.12.2025 passed by the learned Single Judge in that O.P.(DRT).
2. As per the pleadings in the original petition, the 1 st
respondent availed a housing loan from the 2nd appellant Bank, for
the purpose of constructing the residential house for his daughter,
the 2nd respondent, mortgaging an extent of 3.44 Ares of property
in Sy.No.516/2B of Pathanapuram Village and the respondents 2
and 3 are the sureties for the said loan transaction. The appellant
Bank issued a Notice to the respondents, wherein it is stated that
the amount in arrears is to be cleared before 25.05.2023, and
another notice was issued to the respondents, stating that the loan
was classified as Non-Performing Asset (NPA) on 02.06.2023. The
Bank issued a notice under Section 13(4) of the Securitisation and
Reconstruction of Financial Assets and Enforcement of Security
Interest Act, 2002 (‘SARFAESI Act’ in short) and informed the
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respondents that they are proceeding for taking out the property
and thereupon the 1st respondent approached this Court by filing
W.P.(C)No.19933 of 2024 and this Court by the judgment dated
04.06.2024 disposed of the matter, permitting the 1st respondent
to pay off the overdue amount in 10 instalments. Thereafter, the
respondents remitted the amount as fixed by this Court towards
the outstanding liability of Rs.3,30,491/-, and the entire amount
was paid. Though the payment was accepted by the Bank up to
04.04.2025, thereafter, the Advocate Commissioner has issued
notice stating that he has been authorised to take possession of
the property based upon Ext.P3 order dated 06.05.2025 passed
by the Chief Judicial Magistrate Court, Kollam, in M.C.No.760 of
2025. On receipt of the notice, the 1st respondent filed
W.P.(C)No.20089 of 2025 before this Court, and this Court did not
interfere in the matter and gave liberty to the respondents to
approach the Debts Recovery Tribunal, Ernakulam (the ‘Tribunal’
for short). On the basis of the direction issued by this Court, the
respondents approached the Tribunal by filing S.A.No.447 of 2025
and also filed Ext.P4 interim application for stay. But the Tribunal
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dismissed the interim application. Challenging the said order,
respondents 1 and 2 filed O.P.(DRT)No.221 of 2025, and by Ext.P6
judgment dated 06.10.2025, this Court again directed the matter
to be considered by the Tribunal. But the Tribunal, as per Ext.P8
order dated 10.11.2025, dismissed the S.A. and interim
application for stay. With these pleadings, respondents 1 and 2 –
petitioners filed O.P.(DRT)No.398 of 2025 seeking the following
reliefs :