F.S.K. RAVIKUMAR Vs. P. UMAPATHY

JUDGEMENT

(1.) THE first defendant in the original suit in O.S.No.175/2009 on the file of the learned Subordinate Judge, Tirvallur is the petitioner in the revision petition. The plaintiff in the original suit is the first respondent in the revision petition. The other defendants in the original suit are the respondents 2 and 3 in the revision petition.

(2.) THE above said suit in O.S.No.175/2009 was filed by Umpathy, the first respondent herein, against the revision petitioner and the respondents 2 and 3 herein, arraying them as defendants 1 to 3 respectively, for the relief of specific performance based on an agreement for sale dated 14.09.2006 executed in favour of the first respondent herein/plaintiff by the revision petitioner/first defendant in his capacity as the power agent of the respondents 2 and 3 herein/defendants 2 and 3. The first respondent had also prayed for permanent injunction not to alienate or encumber the suit property to third parties and not to interfere with the peaceful possession and enjoyment of the plaintiff in respect of the suit property of which, he came into possession originally as a tenant or from dispossessing him without following due process of law.

(3.) IN the execution petition, after service of notice, the revision petitioner/first defendant entered appearance for himself and as power agent to the respondents 2 and 3. Three Execution Applications in E.A.Nos.92 to 94/2011 were filed in the name of all the judgment debtors, namely the revision petitioner herein and the respondents 2 and 3 herein, to permit the revision petitioner to act as power agent of the respondents 2 and 3 herein, to stay further proceedings in E.P.No.83/2010 and set aside the ex -parte order dated 12.07.2011 passed against the respondents 2 and 3 herein.