C.R.No.4707 of 2009
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.R.No.4707 of 2009.
Decided on August 20, 2009.
Kamla Devi
.. Petitioner
VERSUS
State of Haryana and another.
.. Respondents
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CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI
PRESENT Mr.Jagdish Manchanda, Advocate,
for the petitioner.
M.M.S. BEDI, J. (ORAL)
A perusal of order dated 04.04.2009, indicates that
the counsel for the decree holder had stated before the Court that
Decree holder Kamla Devi widow of the elder brother of petitioner
would be visiting India in August 2009.
In view of the said statement, the case had been
adjourned to 08.08.2009, for presence of decree holder.
It appears that on 08.08.2009, the decree holder
did not appear, as such, the decretal amount which is stated to be
around Rs.12 lacs, was not released to the petitioner.
Counsel for the petitioner has drawn my attention to
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C.R.No.4707 of 2009
a power of attorney which was executed long time back on
28.06.1989, i.e., 20 years ago, on the basis of which the petitioner
seeks to withdraw the amount deposited in the name of land owner
Kamla Devi. It is the duty of the Court to Award the interest to all the
beneficiaries before it.
Since the original power of attorney is more than 20
years old and thereafter, the owner has apparently migrated abroad,
their does not appear to be any illegality in the order of Additional
District Judge, Kurukshetra, in requiring the presence of origiinal
owner for releasing the decretal amount.
No ground is made out warranting interference in
the impugned order.
Disposed of.
However, it will not debar the right of the petitioner
to seek a fresh power of attorney executed in accordance with law
under Power of Attorneys Act and the Rules made under Section 4
of the Power of Attorneys Act, and to file a fresh application for
release of the decretal amount lying depositing with the Court by
satisfying the Court concerned.
(M.M.S.BEDI)
JUDGE
August 20, 2009.
rka
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