CHINTALAPATI KRISHNA MURTHY Vs. RAZIA SULTANA

JUDGEMENT

(1.) This Civil Revision Petition is filed by the petitioners/defendants assailing the orders dtd. 12/12/2018 in I.A.No.1051 of 2018 in O.S.No.1447 of 2003, on the file of the learned IX Additional Senior Civil Judge, Ranga Reddy District at L.B.Nagar.

(2.) This application in I.A.No.1051 of 2018 was filed by the petitioners/defendants under Sec. 151 of Civil Procedure Code (for short, CPC), to direct notices to the original owners who are plaintiffs No.1 to 5 in the above suit since the vakalat filed on behalf of plaintiffs No.1 to 5 is extinguished as per Sec. 202 of Contract Act on execution of registered sale deeds dtd. 12/2/2004 and 8/8/2007 and pass such other orders.

(3.) This application filed by the petitioners/defendants was allowed by the Court below with an observation that originally, the suit was filed by plaintiffs 1 to 5 represented by plaintiffs 6 to 10 as General Power of Attorney Holder to the plaintiffs 1 to 5. Later, the plaintiffs 1 to 5 sold the property in favour of plaintiffs 6 to 10. Thus, the power given come to an end as the plaintiffs 1 to 5 alienated their rights in favour of plaintiffs 6 to 10 and the vakalath filed on behalf of plaintiffs 1 to 5 is extinguished under Sec. 202 of Contract Act. Accordingly, the principal right given by plaintiffs 6 to 10, stands extinguished in view of execution of sale deeds in favour of the plaintiffs 6 to 10 by plaintiffs 1 to 5. The petition was allowed. However, the Court felt that it is not necessary to issue notice to plaintiffs 1 to 5.