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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SURAJ GOVINDARAJ
K S Ganapathi S/o Late Sri Subbaiah – Appellant
Versus
Bapuji Griha Niramana Sahakara Sangha Niyamitha – Respondent
ORDER :
SURAJ GOVINDARAJ, J.
1. The Petitioners in W.P.No.40198/2014 are before this Court seeking for the following reliefs:
a. Call for the records pertaining to the sale notice dated 21.07.2014 at Annexure-A published in Shakthi Daily having circulation in Kodagu District.
b. Issue a writ of certiorari or any other writ Quashing the sale notice dated 21.07.2014 vide Annexure-A published in Shakthi Daily dated 31.07.2014 in so far as the property belonging to the petitioners more fully described in the Schedule hereunder situated at Maragodu Village, Madikeri Taluk, to an extent of 5 acres.
c. Pass such other order or directions as this Hon’ble Court deems fit in the interest of justice and equity.
2. The Petitioners in W.P.No.3853/2024 are before this Court seeking for the following reliefs:
a. Issue a writ of mandamus or any other writ directing the R1 to R3 to execute te registered sale deed in favour of petitioner as per representation dated 28.08.2014 (Annexure-J) made by the petitioner under the provisions of 38(4) of the KARNATAKA STATE CO-OPERATIVE SOCIETIES ACT .
b. Pass such other order or directions as this Hon’ble Court deems fit in the interest of justice.
Facts in WP No.401
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.
Court affirmed the validity of sales under execution, emphasizing the importance of timely objections and statutory adherence in contesting such actions.
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.
A sale officer may proceed to sell a defaulter's properties other than mortgaged property in applying for debt recovery if suitable under the cooperative society's regulations.
Authority under Section 70 enables the Additional Registrar to cancel improper allotments and registered sale deeds within cooperative societies, reinforcing adherence to bylaws and judicial oversigh....
Auction sale of mortgaged asset – After confirmation of sale, Registrar is duty bound to grant Certificate of Sale bearing his seal and signature.
The court held that a sale deed remains valid despite non-payment of consideration, affirming ownership rests with the purchaser as per registered transaction under the Transfer of Property Act.
The Joint Registrar cannot require a No Objection Certificate for confirming a sale under the Kerala Co-operative Societies Act, as it is not mandated by law.
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.
Transfers made during an injunction are void; claimants must prove bona fides as transferees to assert rights over attached property.
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