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2024 Supreme(Online)(MAD) 42525

HIGH COURT OF MADRAS
A.D.JAGADISH CHANDIRA, J
C.BABY – Appellant
Versus
C.KESAVAKUMAR – Respondent


Advocates:
Mr.V.Vignesh

ORDER

The present civil revision petition has been filed under Article 227 of the Constitution of India seeking to set aside the ex-parte judgment and decree dated 21.09.2017 passed in O.S.No.6 of 2017 on the file of I Additional District Judge, Erode.

2. Brief facts of the case:-

(i) The revision petitioners are the daughters of the second respondent. The third respondent is the brother of the revision petitioners and the son of the second respondent. The second respondent is the absolute owner of the suit schedule properties and that she had executed a registered power of attorney deed in favour of her son, the third respondent in respect of the four properties on 11.12.2009, registered as document No.1515/2009 on the file of the District Registrar, Erode.

(ii) The third respondent, being the power agent of the second respondent, had made proclamation for sale of the suit properties on the same day i.e., on 11.12.2009 and entered into an unregistered agreement of sale in favour of one S.Murugesan in respect of two items of properties.

(iii) The third respondent had also entered into another unregistered sale agreement with the fourth respondent, viz.,P.Saravanan for a sum of Rs.10 lak

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