Anil K. Narendran, J.
W.A.No.604 of 2026 is one filed by respondents 1 and 2 in
W.P.(C)No.47710 of 2025, invoking the provisions under Section
5(i) of the Kerala High Court Act, 1958, challenging the interim
order dated 05.03.2026 of the learned Single Judge in I.A.No.1 of
2026 in that writ petition. The 1st respondent herein filed the said
writ petition, invoking the extraordinary jurisdiction of this Court
under Article 226 of the Constitution of India, seeking a writ of
mandamus commanding respondents 1 and 2 therein (appellants
in W.A.No.604 of 2026) not to proceed based on Ext.P2 possession
notice dated 10.07.2023, Ext.P8 order dated 26.11.2025 of the
Chief Judicial Magistrate Court, Kollam in M.C.No.1689 of 2025
and Ext.P12 notice dated 03.12.2025 issued by the Advocate
Commissioner appointed in M.C.No.1689 of 2025, against the
petitioner’s property having an extent of 3.75 Ares comprised in
Survey No.298/11 in Block No.15 of Thevalakkara Village of
Karunagappally Taluk and 5.64 Ares in Re.Sy.No.5/2 and 5/3 in
Block No.167 of Kollam East Village of Kollam Taluk in Kollam
District, under the provisions of the Securitisation and
Reconstruction of Financial Assets and Enforcement of Security
2026:KER:29110
Interest Act, 2002 (‘SARFAESI’ Act); a writ of certiorari quashing
Ext.P8 order dated 26.11.2025 of the Chief Judicial Magistrate
Court, Kollam in M.C.No.1689 of 2025; a writ of mandamus
commanding respondents 1 and 2 therein to allow the petitioner
to remit the dues as on date, in fair and equal instalments; a writ
of mandamus commanding respondents 1 and 2 therein to allow
the petitioner to settle the entire loan by One Time Settlement, by
excluding penal interest; and a writ of mandamus commanding
respondents 1 and 2 therein to reconsider and reduce the penal
interest and interest rate in respect of the loan transactions
referred to in paragraph No.2 of the writ petition.
