MADHUMATI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The captioned petition is filed assailing the endorsement dtd. 10/2/2023 bearing No.U.No.Ra/03/2022-23 issued by respondent No.5 vide Annexure-F and consequently, a mandamus to direct respondent No.5 - Sub-Registrar to register the deed titled as "Cancellation of General Power of Attorney" dtd. 10/2/2023 executed by the petitioner as per Annexure-E in favour of her husband i.e., respondent No.6.

(2.) The petitioner executed an irrevocable Power of Attorney in favour of her husband - respondent No.6. Para 3 and 4 of the registered GPA reads as under:

(3.) The petitioner admits the due execution of the GPA which is the subject matter of the captioned petition. The petitioner alleging that respondent No.6 has breached the terms of GPA, issued a public notice in the newspaper and also issued a legal notice and thereafter, has approached the respondent No.5 - Sub-Registrar to register the deed styled as "Cancellation of GPA". The respondent No.5 - Sub-Registrar vide impugned endorsement has declined to register the deed on the ground that the disputed GPA is coupled with interest and therefore, he has no power to register the cancellation of deed styled as "Cancellation of GPA". The said impugned endorsement is challenged by the petitioner herein.