IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NOs.6435-6436/2017 (GM CPC) BETWEEN 1. SRI. MAHESH GURUJAPALLI S/O G B S CHARY AGED ABOUT 43 YEARS R/AT NO: 1680, (OLD NO 40/41) 6TH CROSS, BHUVANESHWARI NAGAR, DASARAHALLI, HEBBAL BANGALORE – 560024.
2. M/S YASHAWINI BUILDER, NO.1680, 40/41, 6TH CROSS, BHUVANESHWARI NAGAR, DASARAHALLI, HEBBAL, BANGALORE-560024 REP BY ITS MANAGING PARTNER PIN CODE: 560024 SRI MAHESH GURUJAPALLI. ... PETITIONERS (BY SRI. K.N.DAYALU, ADV. FOR SRI. JAGADEESH P, ADV.) AND B.R. LALITHA D/O B C RAMAKRISHNA AGED ABOUT 61 YEARS R/AT; NO: 130/1, NEW NO:35, 5TH MAIN ROAD, RAGHAVENDRA COLONY, CHAMARAJPET, BANGALORE-560018. ... RESPONDENT (BY SRI. G.BALAKRISHNA SHASTRY, ADV. FOR C/R) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 13.12.2016 EX.NO.2563/2013 PASSED BY THE XXXI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY IN SO FAR AS CONCERNED ON I.A. NO.2 FILED BY THE RESPONDENT UNDER ORDER 21 RULE 64 AND 65 R/W SEC. 151 OF CPC VIDE ANNEX-A AND CONSEQUENTLY BE PLEASED TO DISMISS THE SAID I.A.2 VIDE ANNEX-F ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr.K.N.Dayalu, for Sri Jagadeesh P, learned counsel for the petitioners. Sri G.Balakrishna Shastry, learned counsel for Caveator-respondent.
2. The petitions are admitted. With the consent of the parties, it is taken up for final hearing.
3. In these writ petitions, petitioners are assailing the validity of order dated 13.12.2016 passed by the executing Court in so far as it pertains to issuance of proclamation of sale notice as the same is issued in violation of Order XXI Rules 64 and 65 R/w.Sec.151 of CPC.
4. When the matter was taken up, learned counsel appearing for the respondent fairly submits that proclamation of sale notice dated 2.1.2017 was issued pursuant to which, the sale was held and however, subsequently, the same was set aside as purchaser did not deposit the amount. Therefore, it is fairly submitted that the writ petitions be disposed of with a direction to the executing Court to issue fresh proclamation of sale.
5. In view of the aforesaid submission, proclamation of sale notice dated 2.1.2017 is hereby set aside. The executing court is directed to issue fresh proclamation of sale and proceed with execution expeditiously in accordance with law.
Accordingly, the petitions are disposed of.
Sd/- JUDGE Sk/- CT-HR