SANKARI Vs. JAYALAKSHMI

JUDGEMENT

(1.) HEARD all the Advocates concerned.

(2.) A summation and summarisation of the germane facts, in a few broad strokes, absolutely necessary for the disposal of the second appeal, the civil revision petition and the cross objection would run thus:

(3.) A plain reading of Ex.A11 would connote and denote, display and demonstrate that as per clauses 2,3, 4 and 5 of the said deed, the Power Agent Venkatesh was empowered by the principals, as many as 8 persons, even to file a fresh suit relating to the suit property. But the trial court without adverting to those clauses simply carried away by clause (1) of the Power deed as though the said Venkatesh was authorised to appear only in the then pending case, i.e., O.S.No.7747 of 2007. As such, the appellate court au fait with law and au courant with facts appropriately appreciated Ex.A11 and held that the Power Agent Venkatesh had competence to file a fresh suit.