IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTYSEVENTH DAY OF OCOTBER TWO THOUSAND AND ELEVEN HON’BLE SRI JUSTICE G. BHAVANI PRASAD Civil Revision Petition No.4556 of 2010 Between: M. Rameshwar Rao and 2 others .. Petitioners AND Madharam Thirupathi Rao and 6 others .. Respondents ORDER: Heard Smt. M. Radhika, learned counsel representing Sri C. Raghu, learned counsel for the petitioners and Sri M. Damodar Reddy, learned counsel representing the 1st respondent-plaintiff and the respondents 5 to 7 are represented by Sri C. Venkat Reddy, learned counsel. The Civil Revision Petition is directed against the order in I.A.No.128 of 2010 in O.S.No.205 of 2005 on the file of the Junior Civil Judge, Kollapur, dated 28-07-2010. I.A.No.128 of 2010 had been filed by defendants 4 to 6 in O.S.No.205 of 2005 under Rule 32 of the Civil Rules of Practice stating that defendants 5 and 6 executed a General Power of Attorney dated 22-05-2008 in favour of 4th defendant and therefore, the 4th defendant be permitted to represent the defendants 5 and 6 as Power of Attorney Holder in the suit. The plaintiff opposed the application contending that the petition was filed to drag on the matter intentionally and therefore, has to be dismissed. The trial Court passed the impugned order straight away dismissing the petition “as devoid of merits as there was no identity of person, who sought to represented by defendant No.4 for defendants No.5 and 6 and the General Power of Attorney is also not registered one”. The trial Court also directed the petitioner to pay the costs Rs.500/- payable to the respondents. It is against this order the revision is filed contending that the trial Court failed to appreciate that the General Power of Attorney is not creating any interest in any immovable property and is, therefore, not compulsorily registerable. The trial Court should have straight away allowed the application. The point for consideration is whether the impugned order is liable to be interfered with? The defendants 4 to 6 in O.S.No.205 of 2005 on the file of the Junior Civil Judge, Kollapur filed the copy of the General Power of Attorney on which the request is based to show that defendants 5 and 6 described as first party executed the General Power of Attorney in favour of the 4th defendant described as the second party specifically referring to their interest in the subject property and expressing the inability of defendants 5 and 6 to proceed with the civil suit before the trial Court. It was specifically stated that it was for that reason the 4th defendant was being appointed as General Power of Attorney Holder for defendants 5 and 6 in connection with the said judicial proceedings. The Power of Attorney was also stated to be irrevocable and to have been accepted by the 4th defendant. As rightly contended by the revision petitioners, the Power of Attorney does not create any interest in any immovable property for the 4th defendant to be construed to be compulsorily registerable and how the identity of the person, who will represent the defendants 5 and 6 is unknown as opined by the trial Court is unintelligible and incomprehensible and the plaintiff himself in his counter only contended the petition to have been intended to drag on the proceedings. How the trial Court brought any questions of identity and registration in its order is difficult to understand. The order ex facie is impermissible as there was nothing illegal in the General Power of Attorney dated 22-05-2008 and the permission under Rule 32 of the Civil Rules of Practice ought to have straight away been given. Therefore, the order in I.A.No.128 of 2010 in O.S.No.205 of 2005 on the file of the Junior Civil Judge, Kollapur, dated 28-07- 2010 is set aside and the said I.A.No.128 of 2010 is allowed and the 4th defendant is permitted to represent the defendants 5 and 6 in the suit under Rule 32 of the Civil Rules of Practice. The Civil Revision Petition is allowed accordingly. No costs. _____________________ G. BHAVANI PRASAD, J Date: 27-10-2011 Ksn