- (1.) Challenge in the present petition filed by the judgment-debtor is to the order dated 12.3.2012, passed by the learned executing court, whereby the objections filed by the petitioner after sale of the mortgaged property, were dismissed.
(2.) Learned counsel for the petitioner submitted that there is total violation of the mandatory procedure established in law for sale of the property by the court. In the present case, provisions of Order 21 Rules 54 (1-A) and 66(2) CPC have been violated, which require a notice to be issued to the judgment-debtor for settling the terms of proclamation of sale and the procedure to be adopted for proclamation of sales by public auction. In the present case, no notice was issued before settling the terms of proclamation of sale; minimum value of the property in question was not fixed; place of auction was not specified and neither the decretal amount sought to be recovered nor the property attached was specified. To show his bonafides, the petitioner is ready to pay some amount. The sale being bad on that account deserves to be set aside. In support, reliance was placed upon Desh Bandhu Gupta v. N. L. Anand & Rajinder Singh, 1994 1 SCC 131; Ambati Narasayya v. M. Subba Rao and another, 1989 Supp2 SCC 693; Hirabai v. Hanumanth Krishnaji Bhide and others, 1996 10 SCC 747;D. S. Chohan and another v. State Bank of Patiala, 1997 10 SCC 65 S.Mariyappa (dead) by LRs. and others v. Siddappa and another, 2005 10 SCC 235; Sai Enterprises v. Bhimreddy Laxmaiah and another, 2007 13 SCC 576 and Mahakal Automobiles and another v. Kishan Swaroop Sharma, 2008 13 SCC 113.
(3.) In addition to the legal submissions made by learned counsel for the petitioner, as have been noticed above, it was also submitted that it is a case in which suit for recovery was filed by the bank in the year 1996, which was decreed on 26.11.2001 for a sum of Rs. 2,59,950/- plus interest . The loanee-deceased Baldev Prakash had raised a loan of Rs. 1,35,000/- by mortgaging the property in question which has been sold by way of auction. Baldev Prakash has now expired. The petitioner, who is his son, was also guarantor of the loan.;