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IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.LAKSHMINARAYANAN
B.Renushree – Appellant
Versus
G.Karthikeyan – Respondent
ORDER :
This civil revision petition seeks to strike off the plaint in O.S.No.130 of 2020 on the file of the learned I Additional District Court at Erode. The civil revision petitioner is the first defendant in the suit.
2. O.S.No.130 of 2020 has been presented for the following reliefs:
“a. To declare that the decree passed in counter claim in O.S.No.262/2009 on the file of the II Additional District Court, Erode in favour of the 1st defendant is null and void, fraudulent, collusive, invalid and not binding on the plaintiff.
b. for permanent injunction restraining the 1st defendant her men, assigns, agents etc., from in any manner proceeding with or enforcing the impugned exparte counter claim decree passed in O.S.No.262 of 2009 on the file of the II Additional District Court, Erode in EP.No.12 of 2014 on the file of the II Additional District Court, Erode.”
There is a history behind the present suit:
3. The civil revision petitioner B.Ranushree had purchased the suit schedule mentioned property by way of a registered sale deed in Document no.513 of 2004 on the file of the Sub Registrar, Erode. On the very day, she executed a power of attorney in favour of her father one T.N.Balakrishna
The court emphasized that the validity of the power of attorney's authority must be determined within the broader context of the property transaction and the parties' rights, remaining open to contes....
The petitioners can be permitted to withdraw the suit to file a fresh suit, and they are liable to satisfy the law of limitation while filing the fresh suit.
The Court emphasized the importance of triable issues and the respective claims and cause of action of the parties in determining the maintenance of the suit.
The court recognized the need for impleading parties as necessary to ensure complete resolution of legal disputes under the Code of Civil Procedure, emphasizing avoidance of prejudice to lawful prope....
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