JUDGMENT :

SREENIVAS HARISH KUMAR, J.

The plaintiff has assailed the judgment of the III Addl. Sr. Civil Judge, Hubballi, in O.S.No.141/2012. The subject matter of the suit is five plots in all measuring 29 guntas 9 anas out of 2 acres 1 gunta 8 anas in block no. 281/1A of Bhairidevarakoppa, Hubballi (hereafter referred to as ‘suit property’). He sought two relief’s of declarations, firstly that the auction conducted by the first defendant with respect to suit property was illegal and void, and secondly that the sale deed dated 23.08.2007 executed by the first defendant in favour of the second and third defendants was sham, nominal and null and void; and did not bind his interest.

2. The plaintiff is a co-operative society involved in manufacture and sale of agricultural implements. It was carrying on its business in the suit property. For its business activities, it availed loan of Rs. 9,00,000/-from Karnataka State Financial Corporation i.e. the first defendant on the security of the suit property, and a sum of Rs. 50,00,000/-from Karnataka Central Co-operative Bank, Hubballi (‘KCC Bank’ for short), second charge was created on the suit property for this loan.

3. As the plaintiff bec