NAVEEN KUMAR S. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) An auction sale was confirmed on 28/11/2022, in an execution proceeding which is initiated by the 4th respondent - bank pursuant to an award under Sec. 41(4) of Karnataka Souharda Societies Act, 1997. The award was passed on 26/2/2016.

(2.) The present petitioner is one of the legal representatives of Judgment Debtor no.1. Admittedly, Judgment Debtor no.1 died on 3/2/2015. The date of death of Judgment Debtor no.1 is not in dispute.

(3.) Respondent No.4 - bank proceeded under the assumption that Judgment Debtor no.1 is alive and filed an execution proceeding to recover the dues pursuant to the aforementioned award. The property of Judgment Debtor no.1 was put for auction. The petitioner realizing this, filed a representation before the 4th respondent - bank reporting death of his father who is the Judgment Debtor no.1 in the aforementioned award. The 4th respondent - bank instead of filing an application to substitute the legal representatives of deceased Judgment Debtor no.1 proceeded further in the execution proceeding and put the property of Judgment Debtor no.1 for auction. The auction was held on 14/9/2022. Then the sale was confirmed on 28/11/2022. The sale certificate is executed and sale is registered on 27/2/2023. The auction purchaser has purchased the property for Rs.36,60,000.00.