- 1 - NC: 2025:KHC-D:3748 WP No. 107668 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107668 OF 2024 (GM-CPC) BETWEEN: SMT R.ANASUYA W/O MALLIKARJUNA RAO AGE. 52 YEARS, OCC. AGRICUTLURE, R/O. HOSAKERA CAMP, POST. HOSAKERA, TQ. GANGAVATHI, DIST. KOPPAL 583268 …PETITIONER (BY SRI. CHETAN T LIMBIKAI,ADVOCATE) AND: THE CANARA BANK BRANCH GANGAVATHI, A BODY CONSTITUTED AND FUNCTIONING UNDER THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT 1970 HAVING ITS HEAD OFFICE AT J C ROAD, BENGALURU THROUGH ITS SENIOR MANAGER AND GPA HOLDER G SHIVARAJU S/O GANGADHARAPPA AGED ABOUT 55 YEARS, R/O. GANGAVATHI, DIST. KOPPAL 583227 …RESPONDENT (BY SRI. SURESH S. GUNDI., ADVOCATE) ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.28 12:41:40 +0530 - 2 - NC: 2025:KHC-D:3748 WP No. 107668 of 2024 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 DATED 16-11-2024 PASSED IN E.P.NO.26/2023 VIDE ANNEXURE-A PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE, GANGAVATI AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i. To issue a writ in the nature of certiorari quashing the impugned order dated 16.11.2024 passed in E.P.No.26/2023 vide Annexure-A pending on the file of the Senior Civil Judge, Gangavati. ii. Pass any other suitable orders under the facts and circumstances of the case as deems fit. 2. The petitioner is before this Court aggrieved by the proclamation of the sale ordered by the Execution Court in E.P.No.26/2023 vide its order dated 16.11.2024. The submission of the learned counsel for the petitioner is that the order of proclamation is not in accordance with Rule 66 of Order 21 of CPC. - 3 - NC: 2025:KHC-D:3748 WP No. 107668 of 2024 The Court has directly ordered for proclamation without following the requisites of sub-rule (2) of Rule 66 of Order 21 of CPC and as such, the order is not sustainable. 3. Having heard the learned counsel for the petitioner and having gone through the papers, it is seen that vide order dated 16.11.2024, what the Court has done is directed the issuance of sale proclamation by fixing the dates. The requirement of Rule 66 of Order 21 of CPC is as regards the content of the proclamation and not as regards the order of proclamation. Now that the order of proclamation has been issued by the Execution Court. The formalities and clerical work of the contents of the proclamation as contained in sub-rule (2) of Rule 66 of Order 21, would have to be necessarily included in the proclamation to be issued and the procedure thereunder would have to be followed in seriatim as per the occurrence of the events. In my considered - 4 - NC: 2025:KHC-D:3748 WP No. 107668 of 2024 opinion the petitioner cannot have any grievance as regards the issuance of proclamation on the basis that Rule 66 of Order 21 of CPC has not been followed. In that view of the matter, I pass the following: ORDER i) The Writ Petition is dismissed. ii) The Execution Court is directed to comply with all the applicable rules including Rule 66 of Order 21 of CPC while issuing proclamation. iii) The amount in deposit is directed to be transferred to the Execution Court. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS/List No.: 1 Sl No.: 117