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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.G.UMA
Anantharaja Charitable Trust, Represented By Its Managing Trustee Sri K.P.Acharya, S/o. Late Anantha Raja Acharya – Appellant
Versus
Assistant Registrar Of Co-Operative Societies And Recovery Officer And Recovery Officer – Respondent
| Table of Content |
|---|
| 1. details of properties owned and disputes raised. (Para 5 , 6 , 8 , 11 , 14) |
| 2. contentions regarding ownership and legality of attachment. (Para 9 , 10 , 19 , 30) |
| 3. arguments about auction legality and process. (Para 17 , 18 , 22 , 23) |
| 4. respondent's counterarguments on legal grounds. (Para 20 , 21 , 24 , 29) |
| 5. judgment on challenges to sale and auction process. (Para 37 , 40 , 43 , 46) |
| 6. final order dismissing the writ petitions. (Para 48) |
ORDER :
M. G. UMA, J.
1. The petitioner - Anantharaja Charitable Trust (for short 'the Trust') represented by its Managing Trustee - Sri K P Acharya in Writ Petition No.16663 of 2025, is seeking issuance of writ in the nature of certiorari to quash the sale proclamation dated 29.04.2025 issued in Execution No.21 of 2020-21 on the file of respondent No.1 produced as per Annexure-C, insofar as it relates to two items of properties mentioned therein.
2. The petitioner - Shwetha D Acharya in Writ Petition No.16658 of 2025, is seeking issuance of writ in the nature of certiorari to quash the very same sale proclamation produced as per Annexure-B relating to the property mentioned therein and to direct respondent Nos.1 and 2 not to sell
Court affirmed the validity of sales under execution, emphasizing the importance of timely objections and statutory adherence in contesting such actions.
A fraudulent gift deed executed after the initiation of surcharge proceedings is invalid, and subsequent transactions cannot confer title, as they occur during pending enforcement actions.
The court established that adherence to statutory processes for property sale was observed, and petitioners failed to pursue available legal remedies, justifying dismissal.
The power of attorney authorized the attorney to mortgage the property, creating a binding mortgage valid against the family's claims, even if the borrowing parties did not own the property.
Auction sales of mortgaged properties must comply with statutory requirements; failure to do so, especially under false pretense, allows for judicial intervention to set aside such sales.
Mortgage - Auction sale of immovable property - Challenged - Auction sale of said Property conclusion of same in favour of Respondents. 3 and 3A and issuance of Sale Certificate are void and legally ....
The court emphasized that auction sales must adhere to statutory requirements and principles of natural justice, ruling that collusion invalidates the auction process.
The court established that compliance with procedural rules in auction sales is essential, and the burden of proof lies with those challenging the sale to demonstrate fraud or irregularity.
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