Citation : 2021 Latest Caselaw 3210 Tel
Judgement Date : 2 November, 2021
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SMT. JUSTICE P. MADHAVI DEVI
WRIT APPEAL No.521 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of order dated
15.09.2021 passed in W.P.No.18692 of 2021 by the learned
Single Judge.
The facts of the case reveal that the writ petition was
preferred by Ramakuri Sunita Devi stating that respondent
No.4 therein - Ramakuri Ganga Bhavani has executed a
General Power of Attorney on 08.11.2019 in her favour and
thereafter again a deed was executed by her on 30.07.2021
cancelling the general power of attorney.
Learned counsel for the appellant has argued before this
Court that the cancellation deed could not have been
registered by the Registrar.
The learned Single Judge has dismissed the writ
petition holding that it was a simple General Power of
Attorney dated 08.11.2019 not coupled with any interest and
the same was cancelled by subsequent document i.e., deed of
cancellation dated 30.07.2021. The learned Single Judge has
also observed that the parties shall certainly free to approach
the civil court as purely disputed questions of fact are
involved.
In the considered opinion of this Court, the learned
Single Judge was certainly justified in dismissing the writ
petition. The parties shall certainly be free to approach the
civil Court as disputed questions of fact are involved and it is
purely a civil dispute between the sister and sister-in-law.
With the aforesaid, the writ appeal is dismissed.
Miscellaneous petitions, if any, pending in this writ
appeal shall stand closed. There shall be no order as to costs.
__________________________________ SATISH CHANDRA SHARMA, CJ
______________________________ P. MADHAVI DEVI, J
02.11.2021 ES
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