- 1 - HC-KAR CNR: KAHC010178152017 NC: 2026:KHC:52791 WP No. 32617 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 32617 OF 2017 (GM-CPC) BETWEEN: 1. SRI. S. DURAIRAJ S/O SRI G SEEYALAM AGED ABOUT 37 YEARS, R/AT NO.734, 2ND STAGE 7TH CROSS, MAYURA CIRCLE VIJAYANAGARA POST, HEBBALA MYSORE 570017 …PETITIONER (BY SRI. B.S. MAHENDRA, ADVOCATE) AND: 1. SMT. THANGAMMA JAYAPRAKASH W/O DR N JAYAPRAKASH, AGED ABOUT 66 YEARS, NO.920, 22ND MAIN , 4TH T BLOCK, JAYANAGAR , BANGALORE 11 ALSO AT NO.9, RATHBLAME ANTRIM , NORTHERN IRELAND , U.K BY HER GPA HOLDER, S KUMAR, AGED ABOUT 66 YEARS, S/O A V SUBRAMANYARAJE URS, NO.207, VARAPRADHA III MAIN, 10TH CROSS, JANATHA NAGARA, MYSORE -9 2. CHANAKYA FINANCE CORPORATION (R) A FIRM OF PARTNERS, HAVING ITS REGD OFFICE AT NO.381, II CROSS Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 2 - HC-KAR CNR: KAHC010178152017 NC: 2026:KHC:52791 WP No. 32617 of 2017 BENKI NAWAB STREET, MANDI MOHALLA MYSORE-560 023. 3. A L NANJUNDARAJE URS S/O LATE LINGARAJE URS NO.725/D, VISHWAMANAVA DOUBLE ROAD, II CROSS, KUVEMPUNAGAR, MYSORE 23 4. RAJEEVALOCHANA S/O SRI Y V VENKATESHAIAH AGED ABOUT 59 YEARS, NO.265, 8TH CROSS, M BLOCK, KUVEMPUNAGAR, MYSORE-23. 5. A JAYAPRAKASH S/O LATE APPAU PILLAI DOOR NO.330, 10TH CROSS, 3RD STAGE, GOKULAM MYSORE-23. 6. SRI A M MONAPPA FATHER NAME NOT KNOWN TO THE PETITIONER AGED ABOUT 50 YEARS, D.NO.2041, NEAR HELATH OFFICE MADIKERI, KODAGU DISTRICT-571201. 7. M K BIDDAPPA S/O M S KARIYAPPA AGED ABOUT 49 YEARS, KARVALE BADAGA VILLAGE, FMC COLLEGE POST, MADIKERI, KODAGU DISTRICT-571 201. 8. A NAGARATHNA W/O SRI R SRINIVAS AGED ABOUT 53 YEARS, NO.834, 1ST MAIN, KAMATAGERI MANDI MOHALLA, MYSORE-23 Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 3 - HC-KAR CNR: KAHC010178152017 NC: 2026:KHC:52791 WP No. 32617 of 2017 9. H N DAKSHYANI W/O SRI RAMESH, NO.834, 1ST CROSS, KAMATGERI, MANDIMOHALLA, MYSORE-23. 10. SMT A M LALITHA FATHER NAME NOT KNOWN TO THE PETITIONER AGED ABOUT 45 YEARS, PARTNER, CHANAKYA FINANCE CORPORATION (R) A FIRM OF PARTNERS, HAVING ITS REGD OFFICE AT NO.381, II CROSS, BENKI NAWAB STREET, MANDI MOHALLA, MYSORE-23. 11. SMT LEELAVATHY FATHER NAME NOT KNOWN TO THE PETITIONER AGED ABOUT 45 YEARS, PARTNER, CHANAKYA FINANCE CORPORATION (R) A FIRM OF PARTNERS, HAVING ITS REGD OFFICE AT NO.381, II CROSS BENKI NAWAB STREET, MANDI MOHALLA MYSORE-23. …RESPONDENTS (NOTICE NOT NECESSARY IN R/O OF R1 TO R5, R7, R10, R11; V/O DATED 15.03.2022, R8 AND R9 ARE HELD SUFFICIENT; V/O DATED 13.04.2022, NOTICE TO R6 IS HELD SUFFICIENT) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE II ADDL. I CIVIL JUDGE AND JMFC, AT MYSORE IN EX.NO.372/2013 VIDE ANNEXURE-B TO CONFIRM THE AUCTION SALE CONDUCTED ON 30.1.2016 BEFORE THE COURT AND ISSUE THE SALE DEED TO THE AUCTION PURCHASER AND CONSEQUENTLY DISPOSE OF THE MATTER ON MERITS AND ACCORDING TO LAW. Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 4 - HC-KAR CNR: KAHC010178152017 NC: 2026:KHC:52791 WP No. 32617 of 2017 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This matter is de-linked from W.P.No.33718/2015. 2. The captioned writ petition is filed seeking for the following relief; “a) Issue writ of mandamus or order or direction of appropriate nature directing the II Addl. I Civil Judge and JMFC, at Mysore in Ex.No.372/2013 i.e., Annexure-B to confirm the auction sale conducted on 30.01.2026 before the Court and issue the sale deed to the auction purchaser who is the petitioner herein and consequently dispose of the matter on merits and according to law in the interest of justice. b) Grant such other relief that this Hon’ble Court deems fit under the facts and circumstances of the case including the cost of this proceedings.” 3. The petitioner, claiming to be the auction purchaser, has approached this Court seeking a direction Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 5 - HC-KAR CNR: KAHC010178152017 NC: 2026:KHC:52791 WP No. 32617 of 2017 to the Executing Court to confirm the auction sale conducted on 30.01.2016 and consequently to issue a sale deed in his favour. 4. The matter has remained pending since the year 2017, primarily on account of non-service of notice on most of the respondents. However, having regard to the nature of the relief sought in the present petition, this Court finds that no order or proceedings of the Executing Court are under challenge. The petitioner is essentially seeking a direction to the Executing Court to consider and conclude the auction proceedings. 5. The grievance of the petitioner is that, pursuant to the auction conducted on 30.01.2016, he was declared the successful bidder and claims to have deposited a sum of Rs.21,35,000/- towards the bid amount. It is contended that, despite the auction having been conducted and the bid amount having been deposited, the Executing Court Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 6 - HC-KAR CNR: KAHC010178152017 NC: 2026:KHC:52791 WP No. 32617 of 2017 has not brought the auction proceedings to their logical conclusion. In view of the limited nature of the relief sought, this Court is of the considered view that service of notice on the respondents is not necessary for the purpose of issuing an appropriate direction to the Executing Court. 6. Whether the petitioner is entitled to confirmation of the auction sale and consequential issuance of a sale deed are matters which necessarily fall for consideration by the Executing Court. The Executing Court shall examine the same in accordance with law, including compliance with the requirements prescribed under Order XXI of the Code of Civil Procedure, 1908, particularly with regard to deposit of the sale consideration within the prescribed time and the legal consequences flowing from such compliance or otherwise. 7. Having regard to the fact that the execution proceedings in Ex.No.372/2013 have been pending since 2013 and the auction is stated to have been conducted as Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 7 - HC-KAR CNR: KAHC010178152017 NC: 2026:KHC:52791 WP No. 32617 of 2017 far back as on 30.01.2016, this Court is of the view that the petitioner is entitled to have his grievance considered and the pending auction proceedings brought to their logical conclusion in accordance with law. 8. Accordingly, the writ petition stands disposed of with the following: ORDER (i) The Executing Court seized of Ex.No.372/2013 is directed to consider the grievance of the petitioner with regard to the auction sale conducted on 30.01.2016 and pass appropriate orders thereon, including on the prayer for confirmation of the sale and issuance of the consequential sale deed, strictly in accordance with law and the provisions of Order XXI of the Code of Civil Procedure, 1908. (ii) All contentions of the parties are left open. Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 8 - HC-KAR CNR: KAHC010178152017 NC: 2026:KHC:52791 WP No. 32617 of 2017 (iii) The Executing Court shall endeavour to consider and dispose of the aforesaid proceedings expeditiously. (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 7 Digitally Signed By: SACHIN SHANKAR MAGADUM Verified