ORDER :

The petitioner is before this Court calling in question the order dated 30th July, 2016 passed by the I Additional Civil Judge and JMFC, Udupi in C.C.2719 of 2016, arising out of Cr.No.387 of 2009.

2. Facts in brief are as follows:-

The wife of the 2nd respondent/complainant had borrowed finance from the Karnataka State Finance Corporation (‘the Corporation’ for short), and had established Sri Durga Printers and Sri Durga Printers Conventional Hall in the city of Brahmavar. Having defaulted in repayment of loan in terms of the conditions of loan, the property of the 2nd respondent and his wife, was brought to sale by way of public auction. The petitioner who was a participant in the said auction became the highest bidder of the property and the property was directed to be handed over to the successful auction purchaser i.e., the petitioner. The complainant claiming that the property was worth more than Rs.55/-lakhs had been sold at Rs.29/-lakhs by the Corporation, made a hue and cry and filed objections to the auction proceedings.

3. All the efforts of the 2nd respondent to stall auction process or even issuance of sale certificate in favour of the petitioner went in vain. The