LAWS(MAD)-2021-2-398

SARATHAMBAL Vs. MUTHUGANESAN

Decided On February 11, 2021
SARATHAMBAL Appellant
V/S
Muthuganesan Respondents

JUDGEMENT

(1.) The Civil Revision Petition is filed to strike off the plaint in O.S.No.207 of 2016 on the file of the District Munsif Court at Dharapuram.

(2.) The petitioners are defendants 1 to 4 in the suit filed by the 1st respondent herein. The 1st respondent filed the suit for declaration declaring that the Power of Attorney dtd. 15/7/2016 was registered vide document 1128 of 2016 is fraudulent and invalid with reference to the 1st item of the suit schedule property. Further prayed for permanent injunction restraining the defendants 3 to 6 from executing and registering any conveyance or documents in respect of the 1st item of the suit schedule property on the strength of the Power of Attorney dtd. 15/7/2016.

(3.) Mr.T.Muthugamanickam, learned Senior Counsel would submit that the petitioners 1 and 2 are maternal aunts of the 1st respondent herein, i.e., the 1st respondent's father's own sisters. The 1st respondent already filed a suit for partition in which the petitioners 1 and 2 are the defendants 24 and 25 respectively. The preliminary decree was passed and allotted 5/16th share to the 2nd petitioner herein, in respect of the A and B schedule property and remaining property equally shared by other defendants. Even till today, no final decree application was filed by any of the parties.