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THE HIGH COURT OF KARNATAKA
SURAJ GOVINDARAJ
SMT JAYANTHI S SHETTY – Appellant
Versus
STATE OF KARNATAKA – Respondent
| Table of Content |
|---|
| 1. petitioners seek to set aside multiple orders. (Para 1 , 3 , 4 , 12 , 13) |
| 2. arguments contesting the validity of mortgages and agency. (Para 16 , 17 , 22 , 23) |
| 3. judgment against the legality of mortgages executed by the power of attorney. (Para 27 , 29 , 31) |
| 4. court's approval of auction sales and legal authority of banks. (Para 36 , 38 , 39) |
| 5. writ petitions are dismissed as an abuse of court process. (Para 40) |
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 02nd 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 03rd 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 03rd 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,
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.
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.
Sale of property under mortgage invalid when prior encumbrances are ignored, highlighting the need for equitable operations in financial transactions.
The main legal point established is that a declaratory decree entitles a party to seek redressal of their legal rights, and a society is obligated to execute a sale deed in compliance with such a dec....
(1) Sale of an immovable property has to be for a price – Price may be payable in future – It may be partly paid and remaining part can be made payable in future.(2) A document which is void need not....
Registered Power of Attorney presumed valid under S.114(e) Evidence Act unless fraud specifically pleaded and proved; lack of Tamil literacy and attesting witness ignorance insufficient to invalidate....
Court affirmed the validity of sales under execution, emphasizing the importance of timely objections and statutory adherence in contesting such actions.
An agent must act in the principal's best interests; unauthorized sales executed under a power of attorney without consent are fraudulent.
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