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2023 Supreme(Kar) 544

SACHIN SHANKAR MAGADUM
Madhumati W/O. Mahadevappa Kerimattihalli @ Bheemakkanavar – Appellant
Versus
State Of Karnataka, Represented By Its Principal Secretary, Department Of Revenue – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri. Jagadish Patil, Advocate
For the Respondent: Sri. Shivaprabhu S. Hiremath, AGA, Sri F.V. Patil, Adv.

ORDER :

The captioned petition is filed assailing the endorsement dated 10.02.2023 bearing No.U.No.Ra/03/2022-23 issued by respondent No.5 vide Annexure-F and consequently, a mandamus to direct respondent No.5 -Sub-Registrar to register the deed titled as “Cancellation of General Power of Attorney” dated 10.02.2023 executed by the petitioner as per Annexure-E in favour of her husband i.e., respondent No.6.

2. The petitioner executed an irrevocable Power of Attorney in favour of her husband – respondent No.6. Para 3 and 4 of the registered GPA reads as under:

    "3) Further I am also in due and payable income tax to the Income Tax Department to the tune of Rs.1,07,00,000/-. Accordingly income tax dept. has also issued notice to me. Therefore I being the lady unable to manage the affairs of said business in controlling and supervising the management of my all business in the said property. Hence I have chosen and decided to appoint my husband being my attorney to do the all work in order to manage the affairs of said business to control over the management by supervising over it and accordingly I have delegated my all powers relating to the said property and said business to my attorney to

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