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2017 Supreme(Kar) 999

K.S.MUDAGAL
SOF Yamma K. J. – Appellant
Versus
Chandy Abraham – Respondent


Advocates Appeared:
For the Appellant :Sri. C.S. Prasanna Kumar by Kumar and Kumar, Advocate
For the Respondent:Sri. R.S. Ravi and Sri. D.R. Sundresh, Advocate

ORDER :

K.S. Mudagal, J.

This is the plaintiffs appeal assailing the order of the First Addl. Civil Judge (Sr.Dn.), Bangalore Rural District dated 07.02.2008 passed on I.A. No.II in O.S. No.2332/2005. By the impugned order, the trial Court allowed I.A.No.2 filed by the defendant under Order 7, Rule 11 CPC and rejected the plaint.

2. The Lower Court Records are received. Heard both Sides. The brief facts of the case are as follows:

- One Eligibeth Joseph is the owner of the suit schedule properties. Eligibeth Joseph has two sons by name P.J. Emmanual and Rev. Father Joseph Puthenkandam. The plaintiff is the wife of P.J. Emmanual. Eligibeth Joseph executed a registered power of attorney in favour of P.J. Emmanual on 23.8.1985 to manage the suit schedule properties. Purportedly acting under the said power of attorney, P.J. Emmanual executed the registered sale deed dated 18.09.1991 for Rs.52,000/- in respect of plaint schedule 'A' property and another sale deed dated 2.11.1991 for a consideration of Rs.1,33,875/- in respect of plaint schedule 'B' property. Further he entered into an agreement of sale in respect of plaint schedule 'C' property on 30.01.1992 under the registered agreement o
































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