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.

ORDER :

SURAJ GOVINDARAJ, J.

1. The Petitioners in W.P.No.27349/2024 are before this court seeking for the following reliefs:

a. Issue a writ of certiorari, thereby setting aside the order dated 02^nd September, 2021 passed by the Hon’ble Minister for Co-operation in Revision Petition/Appeal No. CO:31:CAP:2014, as per Annexure-X to this writ petition;

b. Issue a writ of certiorari, thereby setting aside the order dated 03^rd January, 2013 passed by R3 in Appeal No.05/2012-13, as per Annexure-W to this Writ Petition;

c. Issue a writ of certiorari, thereby setting aside the awards dated 03^rd January, 2004, passed in Dispute Numbers 1049/2003-04 and 1050/2003-04, passed by R2 as per Annexure-E and F respectively, to this writ petition.

d. Issue a writ of certiorari, thereby setting aside the auction sale dated 15^th December, 2004 in CEP NO.467/2004-05 and CEP NO. 468/2004-04 in favour of R10 as per Annexure-G and H respectively.

e. Issue a writ of certiorari, thereby setting aside the confirmation of sale dated 01^st September, 2005 as per Annexure-J made in favour of R10;

f. Grant such other relief’s as this Hon’ble Court would be pleased to grant under the facts and circumstances of the present case in the interest of justice and equity.

2. The Petitioners in W.P.No.28076/2024 are before this court seeking for the following reliefs:

a. Issue a writ of certiorari, thereby setting aside the order dated 02nd September, 2021 passed by the Hon’ble Minister for Co-operation in Revision Petition/Appeal No. CO:32:CAP:2014, as per Annexure-X to this writ petition;

b. Issue a writ of certiorari, thereby setting aside the order dated 13^th February, 2014 passed by R3 in Appeal No.02/2013-14, as per Annexure-M to this Writ Petition;

c. Issue a writ of certiorari, thereby setting aside the awards dated 24^th March, 2003, passed in Dispute Numbers 412/2002-03, passed by R2 as per Annexure-G, to this writ petition.

d. Issue a writ of certiorari, thereby setting aside the auction sale dated 20^th September, 2007 made in Execution Petition No.CEP 39/2023-04;

e. Issue a writ of certiorari, thereby setting aside the confirmation of sale dated 05^th November, 2007 as per Annexure-H made in favour of R10;

f. Grant such other relief’s as this Hon’ble Court would be pleased to grant under the facts and circumstances of the present case in the interest of justice and equity.

Facts in WP No.27349/2024.

3. The Petitioners claim to be the children of late Sadashiva Shetty. They claim that the lands in survey No. 127/6, 130/14, 130/3, 127/3 and 126/4 of Shivalli village, Udupi Taluk and District belonged to the ancestors of late Sadashiva Shetty on a leasehold basis.

4. With the amendment to the Karnataka Land Reforms Act 1971, the maternal uncle of late Sadashiva Shetty, namely Sri. Ellappa Shetty had put forth a claim for grant of occupancy rights, which was granted on 12.10.1981. Subsequently, a deed of partition came to be executed on 22.05.1990 between the family members, namely Ms Sunanda Shetty and Sadashiva Shetty, whereunder the lands bearing Survey Nos.130/3, 126/4, and 126/3, measuring 2 acres 32 cents/guntas, were allotted to Sadashiva Shetty, who had by then relocated himself from Udupi to Surat in Gujarat. There was an error in the order of the Land Tribunal; by mistake, the land in survey No.127/6 was mentioned, which was to be replaced with Survey No.126/5.

5. A general power of attorney was executed on15.04.1998 by late Sadashiva Shetty in favour of Vamana Baliga in respect of the aforesaid property.

6. In pursuance of the aforesaid p