THE HIGH COURT OF KARNATAKA
SURAJ GOVINDARAJ
SMT JAYANTHI S SHETTY – Appellant
Versus
STATE OF KARNATAKA – Respondent
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, thereby setting aside the auction sale dated 15th 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 01st 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 presen




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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....
Court affirmed the validity of sales under execution, emphasizing the importance of timely objections and statutory adherence in contesting such actions.
Court upheld the validity of bank's actions under cooperative law, ruling that delayed challenges based on fraud were insufficient; commercial agreements should be honored.
An agent must act in the principal's best interests; unauthorized sales executed under a power of attorney without consent are fraudulent.
The main legal point established in the judgment is that the power of attorney holder has the right to exercise the power given in the power of attorney but cannot use such power for personal benefit....
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