V. BHASKAR NAIDU Vs. GREATER BANGALORE CULTURAL TRUST

JUDGEMENT

(1.) Petitioners are knocking at the doors of writ court with the following principal prayer:

(2.) Despite service of notice, the first respondent- Trust has remained unrepresented. The second respondent is represented by the learned AGA. Learned counsel appearing for the petitioners banking upon certain decisions of the Apex Court points out that there is absolutely no power availing to the GPA holder to sell property; to that effect earlier an endorsement was given by the Sub-Registrar; however clandestinely, thereafter the subject document has been registered. He also points out to the earlier rounds of litigation in which the buyer was the petitioner, and he has obtained some reprieve.

(3.) Learned AGA appearing for the official respondents opposes the petition contending that where allegations of fraud & fabrication are made, ordinarily the writ court would not undertake a deeper examination of the same under Article 227 of the Constitution, Article 226 having been ornamentally employed in the pleadings. She also mentions about the pendency of the suit which the petitioner himself has filed O.S.No.806/2016 for the cancellation of documents and 1st respondent's suit in O.S.No.455/2011 is also pending.