JUDGMENT

1. Rule. Rule made returnable forthwith. Mr. Agha, learned Counsel for respondent no. 1 and Mr. Lawande, learned Counsel for respondent nos. 5 to 8, 10 and 11, waive service on behalf of the respective respondents. Heard finally by consent of parties.

2. The only question that arises for consideration is, whether, the Trial Court was justified in permitting, the power of attorney holder of the petitioner-plaintiff, to withdraw the Commercial Suit No. 28/2021/A [Special Civil Suit No. 9/2021/B(old)], without notice to the petitioner-plaintiff.

3. Briefly stated, the facts of the case are that, the petitioner appointed Mr. Sanjay Vithu Barde, as her power of attorney holder, vide instrument dated 16.04.2021, to do the following deeds, acts and things on her behalf, as if done by her personally; namely;

(i) To administer, manage and take care of the property known as 'Tollem E Oiterio Agali' also known as 'Agaye', surveyed under sub-division no. 1 of village Azossim, admeasuring an area of 3,06,575 square metres;

(ii) To hold meeting with the buyer of the said property and to receive token in her name or in her Account through RTGS, Demand Draft, Account payee cheques and to issue