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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
C.M. POONACHA, J
Lalitha B., W/o. Late B.E. Prakash – Appellant
Versus
Bagmane Developers Private Limited, Represented By Its Authorised Signatory And General Manager Mr. Shashank Bagmane – Respondent
| Table of Content |
|---|
| 1. jurisdiction of appeals ordered (Para 1 , 2 , 3) |
| 2. claims to undivided property interests (Para 4 , 5 , 6) |
| 3. arguments on agreements and powers (Para 7 , 8 , 9) |
| 4. analysis of temporary injunction applications (Para 10 , 11 , 12 , 21) |
| 5. nature of irrevocable power of attorney. (Para 14 , 15) |
| 6. irrevocability of power of attorney (Para 16 , 25) |
| 7. supporting case law related to gpa. (Para 22 , 23 , 24) |
| 8. implications of property possession claims. (Para 26 , 27) |
| 9. standard for appellate review of trial court discretion. (Para 28 , 29 , 30) |
| 10. conclusion and dismissal of appeals (Para 31 , 32) |
JUDGMENT :
(C.M. POONACHA, J. )
MFA Nos.7953/2024 and 7995/2024 are filed by the plaintiffs calling in question the order dated 5.9.2024 passed in OS No.7375/2023 by the VI Additional City Civil and Sessions Judge (CCH-11), Bengaluru, [Hereinafter referred to as ‘Trial Court’], whereunder IA Nos.1 and 2 filed by them were dismissed. MFA No.7889/2024 and 7778/2024 are filed by the plaintiffs calling in question the order dated 5.9.2024 passed in OS No.7374/2023 by the Trial Court challenging the dismissal of IA Nos.1 and 2 filed by them in the said suit.
2. In both the suits the pla
An irrevocable General Power of Attorney coupled with interest cannot be unilaterally terminated, confirming that rights under executed agreements must be honored.
A party in peaceful possession of immovable property, with established rights through a registered power of attorney, is entitled to protection against unlawful dispossession, pending trial on the va....
Agents may execute sale deeds within their authority; failure to set aside such deeds results in enforceability. Remedies against breaches of power are financial rather than reclaiming properties.
(1) Rights of POA Holder – POA Holder cannot execute agreement to sell on behalf of Principal where POA is not irrevocable.(2) Interpretation of Documents (POA) – While construing a document, a reade....
In a suit for declaration of title, the burden lies on the plaintiff to establish their title, and failure to do so results in dismissal, regardless of the defendants' claims.
A General Power of Attorney (GPA) executed post-payment cannot be unilaterally cancelled without a registered deed; cancellation via notice is legally invalid, creating no valid cause of action for t....
Unilateral cancellation of the Development Agreement-cum-GPA by one party to the detriment of another party is not permissible under the Indian Contract Act.
The validity of a power of attorney post-principal's death remains contingent on whether it is coupled with interest, impacting the necessity of parties in litigation.
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