SATYANARAYAN SHARMA Vs. RATAN DEVI SHARMA

JUDGEMENT

(1.) The present writ petition has been listed in the category of 'for admission-notice served-reply not filed'. With the consent of learned counsel for the parties, the matter is finally heard today, itself.

(2.) The present writ petition has been filed under Article 227 of the Constitution of India with the following prayer:-

(3.) Brief facts of the case are that the petitioner-plaintiff filed a suit for permanent injunction against the respondent No.1, 2, 3, contending that the mother of the petitioner-plaintiff is an old lady and suffering from illness and thus, is not in a mental state and physical condition to take care of the property in question and on account of the said illness of the petitioner-defendant's mother, the brother of the petitioner plaintiff requested the petitioner plaintiff to take care of the mother at his house and executed a power of attorney dtd. 14/6/2016 in favour of his wife Smt. Ratan Devi-respondent-defendant No.1 for operating the bank account of petitioner-defendant's mother. Thereafter, the petitioner-plaintiff filed a suit for permanent injunction against the respondent-defendant No.1 to 3 as the defendant No.1 and 2 in connivance with the bank authorities were bent upon to withdraw the entire amount which was deposited with the respondent-bank. The petitioner-plaintiff also preferred an application under Order 39 Rule 1 and 2 CPC seeking temporary injunction to the effect that the defendant No.1 and 2 may be restrained from withdrawing the amount and the respondent No.3-ICICI Bank may be restrained to disburse the amount in favour of the power of attorney holder.