M.RANJANI Vs. R.USHA RANI

JUDGEMENT

(1.) This Original Side appeal is filed challenging the order dtd. 9/8/2023, passed by the learned Single Judge in O.A. No.624 of 2023 in C.S.No.263 of 2022 under Sec. 8 of the Arbitration and Conciliation Act, 1996, referring the parties to go for Arbitration to resolve their dispute.

(2.) The plaintiffs and the defendants 2 to 6 are the daughters and sons of the late Salatchy Ammal @ M. Visalatchi Ammal, who died intestate on 22/11/1995, and their father late K.N. Manisamy Pillai also died intestate on 12/6/2000. The Defendant No.1 is the daughter-in-law of the deceased Salatchy Ammal and the wife of the second defendant. The suit schedule properties are the family properties of the plaintiffs and defendants 2 to 6. In the year 2019, the second defendant had approached the plaintiffs and the defendants 3 to 6 for partition of the suit scheduled properties and thereby, the plaintiffs had entered into a Memorandum of Understanding with the second defendant on 6/3/2019 and thereafter, the second defendant had approached the plaintiffs and the defendants 3 to 6 to execute a Power of Attorney in favour of the first defendant, to manage the properties and the same was executed and registered before the Joint Sub-Registrar-II, Chennai vide Doc. No.322 of 2019.

(3.) Thereafter, the defendants 1 and 2 had colluded with ulterior motive and the first defendant, as a Power Agent of plaintiffs and other defendants had executed a Release Deed in favour of the second defendant vide Doc.No.426 of 2019 dtd. 29/3/2019 and the plaintiffs were not to put up a notice about the Release Deed. After knowing about the execution of the Release Deed and also an attempt made by the defendants to sell away the portion of the suit scheduled properties, the plaintiffs have cancelled the Power of Attorney executed in favour of the first defendant. Thereafter, they filed present suit to declare that the documents executed pertaining to the Power of Attorney as null and void.