- 1 - HC-KAR NC: 2025:KHC-D:7745 WP No. 103691 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 103691 OF 2025 (GM-CPC) BETWEEN: SHRI MAHABALESHWAR S/O. GANAPATI HEGDE, AGE: 90 YEARS, OCC: AGRICULTURE, R/O. #212, PRAVEEN YALLAPUR ROAD, VINAYAK COLONY, NEW MARKET YARD POST, SIRSI, UTTARA KANNDA-581402. …PETITIONER (BY SRI. SOURABH HEGDE, ADVOCATE) AND: THE GENERAL MANAGER (IN-CHARGE), THE TOTGARS’ CO-OPERATIVE SALE SOCIETY LIMITED, NEW MARKET YARD, SIRSI, UTTARA KANNDADA-581402. …RESPONDENT (BY SRI. A.P. HEGDE, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT OF IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND PRL. J.M.F.C., SIRSI IN EXECUTION CASE NO.27/2024 DATED 05.04.2025 VIDE ANNEXURE-A. B. ISSUE A WRIT OF IN THE NATURE OF MANDAMUS DIRECTING THE EXECUTING COURT TO TAKE-UP THE MATTER IMMEDIATELY ON BOARD TO ENABLE THE PETITIONER TO MAKE NECESSARY APPLICATIONS AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CHANABASAPPA K KALLUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7745 WP No. 103691 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. Heard learned counsel for the petitioner and the learned counsel for the respondent. 2. With the consent of the parties, the matter is taken up for disposal finally. 3. The petitioner is aggrieved by the order passed by the learned Senior Civil Judge and Principal JMFC, Sirsi in Execution Case No.27/2024. Without following due process of law, a proclamation was issued. Hence, the petitioner has approached this Court. 4. The petitioner has suffered a decree, and the respondent has filed for execution. The decree has not been stayed in Execution Case No.27/2024. The petitioner/JDR No.1 has filed statement of objections and has contested the matter. However, this being the state of affairs, another order came to be passed for proclamation without following the procedure - 3 - HC-KAR NC: 2025:KHC-D:7745 WP No. 103691 of 2025 contemplated under Order XXI Rule 54 (1A), and Rule 66 of the CPC. 5. It is contended by the learned counsel for the petitioner that, the valuation report has been filed, which is extremely on the lower side and not authorised by the proper valuator who assessed the valuation of the property. The petitioner does not dispute the fact that he suffered the decree for recovery of money, but all his properties are worth much more than the valuation assessed by the valuer and due amount to the respondent. 6. Under these circumstances, it is contended by the learned counsel for the petitioner that, the Trial Court ought to have followed the procedure as contemplated under Order XXI Rule 54 (1A) and Rule 66 of the CPC. Before proceeding to issue the proclamation, the Court must hear the parties, obtain a proper valuation from an approved valuer appointed from both parties, and so also to consider if any alternative properties are furnished by - 4 - HC-KAR NC: 2025:KHC-D:7745 WP No. 103691 of 2025 the petitioner for satisfaction of the respondent’s claim and only thereafter decide in accordance with law. Without following this procedure, the Court has proceeded further to issue proclamation and has ordered for sale of the property. 7. Per contra, learned counsel representing the respondent vehemently contends that, there is no violation or deviation from the procedure or rules, and that the Trial Court, acting as the executing court, has followed the procedure contemplated under the Civil Procedure Code. The petitioner has appeared before the Executing Court and filed statement of objections. The property was valued by an approved valuer, who has given a report, based on which the procedure is followed for issuance of proclamation. Therefore, he sustains the order. 8. Having heard the submissions from both parties, it is apparently clear that, Order XXI Rule 54(1A) of CPC reads as under: - 5 - HC-KAR NC: 2025:KHC-D:7745 WP No. 103691 of 2025 54. Attachment of immovable property. (1) Where the property is immovable, the attachment shall be made by an order prohibiting the judgment-debtor from transferring or charging the property in any way, and all persons from taking any benefit from such transfer or charge. (1A) The order shall also require the judgment- debtor to attend Court on a specified date to take notice of the date to be fixed for settling the terms of the proclamation of sale. So also, the procedure under Order XXI Rule 66 of CPC reads as under: 66. Proclamation of sales by public auction. (1) Where any property is ordered to be sold by public auction in execution of a decree, the Court shall cause a proclamation of the intended sale to be made in the language of such Court. (2) Such proclamation shall be draw up after notice to the decree-holder and the judgment- debtor and shall state the time and place of sale, and specify as fairly and accurately as possible- (a) the property to be sold or, where a part of the property would be sufficient to satisfy the decree, such part; (b) the revenue assessed upon the estate, where the property to be sold is an interest in an estate - 6 - HC-KAR NC: 2025:KHC-D:7745 WP No. 103691 of 2025 or in part of an estate paying revenue to the Government; (c) any encumbrance to which the property is liable; (d) the amount for the recovery of which the sale is ordered; and (e) every other thing which the Court considers material for a purchaser to know in order to judge of the nature and value of the property: Provided that where notice of the date for settling the terms of the proclamation has been given to the judgement-debtor by means of an order under rule 54, it shall not be necessary to give notice under this rule to the judgment-debtor unless the Court otherwise directs: Provided further that nothing in this rule shall be construed as requiring the Court to enter in the proclamation of sale its own estimate of the value of the property, but the proclamation shall include the estimate if any, given, by either or both of the parties. (3) Every application for an order for sale under this rule shall be accompanied by a statement signed and verified in the manner hereinbefore prescribed for the signing and verification of pleadings and containing, so far as they are known to or can be ascertained by the person making the verification, the matters required by sub-rule (2) to be specified in the proclamation. - 7 - HC-KAR NC: 2025:KHC-D:7745 WP No. 103691 of 2025 (4) For the purpose of ascertaining the matters to be specified in the proclamation, the Court may summon any person whom it thinks necessary to summon and may examine him in respect to any such matters and require him to produce any document in his possession or power relating thereto. 9. In view of the above, the Trial Court is required to follow the procedure as contemplated in the Code strictly before proceeding further for the issuance of the proclamation of sale. In case the petitioner is able to satisfy the respondent’s claim and furnish alternate properties to the satisfaction of the Court, the same shall be taken into consideration, and the current property shall be released. 10. In light of the above, I pass the following: ORDER i. The Petition is disposed of. ii. Impugned order dated 05.04.2025, passed by the Senior Civil Judge and Prl. JMFC, Sirsi, - 8 - HC-KAR NC: 2025:KHC-D:7745 WP No. 103691 of 2025 in Execution Case No.27/2024, is hereby set aside. iii. The Trial Court/Executing Court is hereby directed to proceed further in the matter strictly in accordance with law and follow the procedure as contemplated under the Code of Civil Procedure, by providing an opportunity of hearing to the petitioner/JDR No.1. iv. A proper valuation shall be ordered from a Government approved valuer. v. If an alternate property is given which meets the satisfaction of the decree, the same shall be accepted. Sd/- (PRADEEP SINGH YERUR) JUDGE KGK/gab CT-MCK List No.: 1 Sl No.: 24