The petitioner challenged an order declining to accept a power of attorney. The court held that since a duly authenticated power of attorney was produced, the original petition became infructuous and was dismissed.
The original petition is dismissed as infructuous.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 22ND DAY OF JUNE 2022 / 1ST ASHADHA, 1944
OP(C) NO. 368 OF 2022
AGAINST THE ORDER DATED 12.02.2020 IN EA 1/2020 IN EP NO.142/2017
IN OS 444/1995 OF ADDITIONAL SUB COURT,KOTTAYAM
PETITIONER:
BALBINA @ BALBINA EZMERALDA FERNANDAS
AGED 78 YEARS
W/O LATE NORBERT J. FERNANDES P.O.BOX 84, MTWARA,
TANZANIA, REPRESENTED BY HER POWER OF ATTORNEY HOLDER,
SRI JOHN A FERNANDAS, S/O S B FERNANDAS AGED 75, HOUSE
NO 1967/VI, MATTANCHERRY BAZAR ROAD, KOCHI ERNAKULAM
DISTRICT-682 002
BY ADVS.
P.B.KRISHNAN
P.B.SUBRAMANYAN
SABU GEORGE
MANU VYASAN PETER
ABRAHAM BABU KALLIVAYALIL
RESPONDENTS:
1VALSA JOSEPH, AGED 64
W/O LATE JOSEPH E.FERNANDAS, LOBO FERNANDAS AND
COMPANY, PULIMOODU JUNCTION, KOTTAYAM DISTRICT-686 001
2JUSTINE FERNANDAS,
AGED 44 YEARS
S/O LATE JOSEPH E.FERNANDAS, LOBO FERNANDAS AND
COMPANY, PULIMOODU JUNCTION, KOTTAYAM DISTRICT-686 001
3JEVIN FERNANDAS
AGED 40 YEARS
S/O LATE JOSEPH E.FERNANDAS, LOBO FERNANDAS AND
COMPANY, PULIMOODU JUNCTION, KOTTAYAM DISTRICT-686 001
BY ADV ANANTHAKRISHNAN A. KARTHA
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 22.06.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P (C) NO. 368 OF 2022 2
JUDGMENT
The original petition was filed to set aside Exhibit P6 order passed by the Court of the Additional Subordinate Judge, Kottayam, declining to accept a power of attorney, which was not attested by the Indian High Commissioner abroad.
The learned counsel appearing for the petitioner now submits that a duly authenticated power of attorney has been produced before the court below. Therefore, this original petition has become infructuous. The said submission is recorded and the original petition is dismissed as infructuous.
SD/-
C.S.DIAS, JUDGE
rmm22/06/2022
1 issue framed by the court
Whether the original petition challenging the rejection of a power of attorney has become infructuous due to fresh production of an authenticated document.
BALBINA @ BALBINA EZMERALDA FERNANDAS
VALSA JOSEPH
JUSTINE FERNANDAS
JEVIN FERNANDAS
C.S. DIAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court