THE HON’BLE SRI JUSTICE T.VINOD KUMAR CIVIL REVISION PETITION No.1512 2023 Between:

P. Pratap Reddy ………Petitioner And Azmat Ali (died) and 24 others …….Respondents Date of Judgment pronounced on : 08-09-2023 HONOURABLE SRI JUSTICE T.VINOD KUMAR

1. Whether Reporters of Local newspapers : Yes/No May be allowed to see the judgments?

2. Whether the copies of judgment may be marked : Yes to Law Reporters/Journals:

3. Whether His Lordships wishes to see the fair copy : Yes/No Of the Judgment?

___________________ T. VINOD KUMAR, J THE HON’BLE SRI JUSTICE T.VINOD KUMAR CIVIL REVISION PETITION No.1512 2023 % 08-09-2023 # P. Pratap Reddy ……… Petitioner Versus $ Azmat Ali (died) and 24 others ……. Respondents GIST:

> HEAD NOTE:

!Counsel for the Petitioner : Sri. Jalli Kanakaiah, learned senior counsel appearing for Sri. Narender Jalli, learned counsel for the petitioner ^Counsel for the respondents : Sri Dantu Srinivas, learned counsel for respondent No.25, Sri. Umesh Singh, learned counsel for respondent No.19 ? Cases referred

1 (2016)3SCC296

2 [1969] 1 SCR 122 : AIR 1969 SC 73

3 AIR 1985 AP 30 THE HON’BLE SRI JUSTICE T. VINOD KUMAR CIVIL REVISION PETITION No. 1512 of 2023

ORDER

1. This Civil Revision Petition is filed aggrieved by the order dated 24.04.2023 in E.A. No.14 of 2022 in E.P. No.727 of 2022 (previously numbered as E.P. No.18 of 2020) passed by the II Addition Senior Civil Judge, Medchal-Malkajgiri District, at Malkajgiri.

2. Heard Sri. Jalli Kanakaiah, learned senior counsel appearing for Sri. Narender Jalli, learned counsel for the petitioner, Sri Dantu Srinivas, learned counsel for respondent No.25, Sri. Umesh Singh, learned counsel for respondent No.19 and perused the record.

3. The respondent No.19 herein had filed E.P. No.727 of 2022 for payment of enhanced compensation granted in O.P. No.43 of 1997. Thereafter, the respondent No.19 herein filed the underlying E.A. No.14 of 2022 under Section 151 of the Code of Civil Procedure, r/w. Rule 232 of the Civil Rules of Practice.

4. The Court below allowed the said application with the following direction:

“…address a letter to the Principal Senior Civil Judge Court, R.R. District, at L.B. Nagar to issue a cheque in favour of this petitoner for a sum of Rs.34,38,234/- and to credit the same to his account no. 621965237563, State Bank of India, Keesara Branch, Medchal Malkajgirik, towards part payment of decree amount or else to transfer the E.P. amounts to the account of the Principal Senior Civil Judge Court, M.M. District for futher action.”

5. The present revision is preferred aggrieved by the said order. 6. Learned senior counsel appearing for the petitioner herein contends that the respondent No.19 is his father; and that he had executed a registered Irrevocable General Power of Attorney vide Doc.No.17932 of 2005 dated 17.11.2005 in his favour. It is further contended that in furtherance of the said irrevocable General Power of Attorney, the petitioner herein had represented the respondent No.19 in L.A.O.P. No.43 of 1997 and had also obtained the Occupancy Rights Certificate under the Inam Abolition Act, 1955.

7. It is further contended that since, the said Irrevocable General Power of Attorney was unilaterally cancelled by the respondent No.19 herein, the petitioner herein filed O.S. No.230 of 2022 before the Family Court-cum-Principal District Judge, Medchal-Malkajgiri, at Malkajgiri seeking cancellation of the same; and that the same is pending adjudication. Thus, it is contended by the petitioner that respondent No.19 cannot now file the underlying E.A. No.14 of 2022 in his own capacity.

8. Per contra, learned counsel for respondent No.19 contends that the said Irrevocable General Power of Attorney was cancelled as the petitioner herein had acted adverse to the respondent No.19’s interests. He further contends that the petitioner herein neither had any share nor claim to the compensation payable to him.

9. I have taken note of the contentions urged.

10. The sole issue falling for conside