- 1 - HC-KAR NC: 2025:KHC-D:8793 WP No. 103973 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 103973 OF 2025 (GM-CPC) BETWEEN: 1. MAHABALESHWAR BABU BAINDOOR, A/A: 59 YEARS, BUSINESS, 2. KASHINATH MAHABALESHWAR BAINDOOR, A/A: 29 YEARS, BUSINESS BOTH ARE R/O: AJAY BUILDING, PADATI GALLI, SIRSI-581 401, U.K. DISTRICT. … PETITIONERS (BY SRI. VIJAY MALALI, ADVOCATE FOR SRI. ARUNACHAL P. HEGDE, ADVOCATE) AND: THE CHIEF EXECUTIVE, HULGOL RURAL DEVELOPMENT AND AGRICULTURAL CO-OP. SOCIETY LTD., TARGOD-581 402, TQ: SIRSI, UTTARA KANNADA DISTRICT. … RESPONDENT (BY SRI. SOURABH HEGDE, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER PASSED BY HON’BLE SENIOR CIVIL JUDGE COURT SIRSI DATED 03- 05-2025 PASSED IN EXECUTION CASE NO.54/2018 ISSUING SALE PROCLAMATION (ANNEXURE-C) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER IS MADE THEREIN AS UNDER: VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8793 WP No. 103973 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. Heard learned counsel for the petitioners and the learned counsel for the respondent. 2. With the consent of the parties, the matter is taken up for final disposal. 3. The petitioners are aggrieved by the order passed by the learned Senior Civil Judge, Sirsi in Execution Case No.54/2018. Without following due process of law, a sale proclamation was issued. Hence, the petitioner has approached this Court. 4. The petitioners have suffered a decree, and the respondent has filed for execution. The decree has not been stayed in Execution Case No.54/2018. The petitioner/JDR Nos.1 and 2 have filed statement of objections and have 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:8793 WP No. 103973 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 petitioners that, the impugned order at Annexure-C is illegal, cryptic, contrary to the provisions of Order-XXI Rule-54 of CPC and is devoid of sound reasoning warranting the executing Court to issue Sale Proclamation. The executing Court without issuing the Sale Notice as required under Order XXI Rule 54(1-A) of the CPC could not have issued Sale Proclamation. It is further contended that Judgment Debtors have paid Rs.21,20,000/- to the respondent/Society after filing of the execution petition. On the date of impugned order came to be passed they had also paid Rs.5,00,000/-. 6. Under these circumstances, it is contended by the learned counsel for the petitioners that, the Trial Court ought to have followed the procedure as contemplated under Order XXI Rule 54 (1A) and Rule 66 of the CPC. - 4 - HC-KAR NC: 2025:KHC-D:8793 WP No. 103973 of 2025 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 the petitioners 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, the 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 petitioners have appeared before the Executing Court and filed statement of objections. - 5 - HC-KAR NC: 2025:KHC-D:8793 WP No. 103973 of 2025 8. Having heard the submissions from both parties, it is apparently clear that, Order XXI Rule 54(1A) of CPC reads as under: “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.” 9. 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 - 6 - HC-KAR NC: 2025:KHC-D:8793 WP No. 103973 of 2025 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 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:8793 WP No. 103973 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.” 10. 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 petitioners are 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 subject property shall be released. 11. In light of the above, I pass the following: ORDER i. The Petition is disposed of. ii. Impugned order dated 03.05.2025, passed by the Senior Civil Judge, Sirsi, in Execution Case No.54/2018, is hereby set aside. - 8 - HC-KAR NC: 2025:KHC-D:8793 WP No. 103973 of 2025 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, so also by adhering to the observation made by this Court, by providing an opportunity of hearing to the petitioner/JDR Nos.1 and 2. 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 CKK CT:BCK LIST NO.: 1 SL NO.: 125