M NELSON BABU Vs. K KAMALESH BABU

JUDGEMENT

(1.) THESE Civil Revision Petitions are filed by the 2nd defendant against the order dated 12.6.2008 passed in IA.Nos.280 and 281 of 2008 in OS.No.99/2009 by the learned Principal District Munsif, Nagercoil, declining to review the order passed in IA.No.167/2008 dated 28.1.2008 and dismissing the petition filed under Order 7 Rule 11 of CPC respectively.

(2.) THE respondents/plaintiffs filed the above said suit to declare that the Document No.547/2007 dated 13.2.2009 of Kottaram Sub Registry relating to the suit schedule properties in P10, 20/2, 20/3 of Nagercoil Village including the whole of the property as P10-20 in the document as non est, unenforceable and in valid and to grant permanent injunction restraining the defendants from encroaching or trespassing or making any construction in the suit schedule property.

(3.) MR.T.Lajapathiroy, the learned counsel for the petitioner would submit that Dr.R.Shylaja is not the Power Agent of the plaintiffs and she has no locus standi to file the suit in OS.NO.99/2008. On 29.10.2007 one Arulprakasam has filed WP.No.9669/207 before this court claiming to be the Power of Attorney of K.Vijayakumar and one Stella Dhas represented as Power of Attorney of K.Kamalesh Babu in the suits in OS.No.153/2002 and 35/2006 and in the said facts without cancelling the prior Power of Attorney, no Power could be granted to Dr.R.Shylaja and the claim of Dr.R.Shylaja as Power of Attorney is mala fide and false. He would further submit that no opportunity was given to him before accepting the Power of Attorney and the order passed by the learned Principal District Munsif is unsustainable.