IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 17TH MARCH 2009 / 26TH PHALGUNA 1930 WP(C).No. 8229 of 2009(O) ------------------------- AGAINST THE ORDER DATED IN EP 7/2003 IN OS.652/1994 of MUNSIFF COURT, THIRUVALLA .................... PETITIONER(S): --------------- KOCHUKUTTY, S/O.RAMAN, KALLUMOOLAYIL VEEDU, KOROPADI MURI, KUTTAPPUZHA VILLAGE. BY ADV. MR. SATHISH NINAN MR. SANTHOSH MATHEW RESPONDENT(S): --------------- SHARON FELLOWSHIP CHURCH, REP. BY ITS PRESIDENT SRI.T.G.KOSHY, EBENEZER HOUSE, ERATHU VILLAGE, ADOOR TALUK, FOR POWER OF ATTORNEY HOLDER SRI.C.V.JOHN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------------------- W.P.(C).No. 8229 OF 2009 -------------------------------------------------- Dated this the 17th day of March, 2009 J U D G M E N T This petition is filed under Article 227 of Constitution of India by the first judgment debtor in O.S.652 of 1994 on the file of Munsiff Court, Thiruvalla challenging Ext.P5 order passed in E.A.138 of 2008, an application filed by him challenging the executability of the decree. Case of the petitioner is that the respondent/decree holder was Association instituted the suit represented by P.J. Thomas, the then President, through his power of attorney, and Thomas died in 1998 and after the death of Thomas, the power of attorney has no right to continue the suit and therefore the decree passed in 2002 is null and void and cannot be executed. 2. Under Ext.P5 order executing court found that the suit was instituted by P.J. Thomas not in his individual capacity but as President of the Society and registered power of attorney was executed in his capacity as the President of the Association and after the death of P.J. Thomas another power of attorney was WP(C)8229/2009 2 executed in favour of the same power of attorney holder by the successor President, which was also produced in the suit and in such circumstances there is no procedural irregularity and the decree is perfectly valid. I find no reason to interfere with the said order as it is perfectly legal and correct. Writ petition is dismissed. M. SASIDHARAN NAMBIAR, JUDGE okb