(1.) The petitioner is before this Court seeking for issue of writ of certiorari to quash the paper publication dated 26.12.2012 (Annexure-G) by which the property belonging to the petitioner is brought to auction.
(2.) The petitioner claims to be the owner of the land bearing Sy.No.1573/1B in different bits situate at Kodialbail village, Mangalore Taluk, presently within the Mangalore City Corporation. It is stated that the property is ancestral property. Being governed under Aliyasanthana law, the petitioner's father's sister Smt. Rajivi S. Shetty executed a WILL dated 11.09.2004 and bequeathed her property to the father of the petitioner. The father of the petitioner executed a settlement deed dated 01.09.2005 in favour of the petitioner. The khatha entries from the Mangalore City Corporation has been obtained in favour of the petitioner. The entry in the RTC was not changed since the land was used for non-agricultural purpose.
(3.) The petitioner has thereafter obtained housing loan from M/s Vijaya Bank, the third respondent by creating charge over the property. When this was the position, the petitioner noticed the impugned paper publication issued by the second respondent bringing the property to sale which has resulted in this petition. This Court on directing notice to the respondents has stayed the confirmation of the sale.