Sri B R Anjan Kumar v. Sri B C Somasekhar
Case brief
What is this about?
The High Court rejected a writ petition challenging an order allowing a respondent to prosecute a civil suit through a Power of Attorney. The court held that no adverse interest was established merely because the attorney had filed a separate partition suit against the respondent in another forum. The court observed the attorney could establish the respondent’s consent.
What did the court decide?
The writ petition was rejected.
What the court decided
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF DECEMBER 2021
BEFORE
THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD
WRIT PETITION NO.16225/2021 (GM-CPC)
BETWEEN :
SRI B R ANJAN KUMAR S/O LATE B C RAJASEKHAR AGE ABOUT 46 YEARS R/AT NO 40, KHAZI STREET BASVANAGUDI BENGALURU – 560 004.
... PETITIONER
(BY SRI. DATTATRAYA M JOSHI, ADVOCATE)
AND :
SRI B. C. SOMASEKHAR S/O LATE L CHIKKALINGAIAH AGE ABOUT 82 YEARS R/AT NO ANJANAPPASWAMY ASHRAM GATTAHALLI, HOLUR HOBLI, KOLAR DISTRICT – 563 101.
... RESPONDENT
Issues for consideration
2 issues framed by the court
Whether the High Court should interfere with the civil court's order allowing prosecution through a Power of Attorney despite a notice suit filed by the attorney.
Whether the mere fact that the attorney has filed a partition suit against the principal creates an adverse interest.
Parties & counsel
- petitioner
Sri B R Anjan Kumar
- respondent
Sri B. C. Somasekhara
Coram
B. M. Shyam Prasad
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · December
- Registered
- Case no.
- WP/16225/2021
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